Study On The Regulation Of The Criminal Law Of Our Country Child Abuse

In recent years, with the frequent abuse of child abuse, the general appeal to the criminal law should set up the abuse of child abuse as soon as possible to regulate child abuse behavior. Academic circles for child abuse behavior has a different point of view, some scholars think should be set up as soon as possible the "child abuse sin"; some scholars think that the establishment of "child abuse sin", which is a new charge will cross with our current "criminal law" Article 260 of the crime of abuse, easily lead to confusion of application of law, and is not conducive to the stability of keep the criminal law, proposed to expand the scope of the subject of crime of abuse, will abuse behavior included in the crime of abuse, and researchers say, child abuse behavior is moral category, should not be regulation by criminal law. This paper argues that although our country for protecting children’s rights and interests, legal provisions are scattered in various departments of law, criminal law protection in terms of children more, but not abuse child behavior corresponding to the "child abuse sin", the child abuse behavior should be crime as soon as possible.This thesis is composed of preface, text and conclusion of three parts.This paper is composed of three parts: introduction, text and conclusion.In the introduction, the abuse of child abuse happened in recent years is summarized, and the abuse of child abuse is put forward.The first part: summary of the child abuse behavior. Mainly to clarify thedefinition of child abuse and child abuse behavior types. The object is a child abuse behavior. The law of our country for children according to the definition of legal rights, legal liability and different, "children and minors" did not affect the implementation of the law and the applicable terms, this article appeared in the children or minors are children’s title, category. At present, China has no legal definition for child abuse, the author learns the representative point of view, according to our interpretation of the crime of abuse and marriage law, that child abuse refers to the obligation to support personnel responsible for supervision, intent on children under the age of 18 to allow or to continue, regularly tied up, beaten, mutilated,forced to limit children’s personal freedom or other means of physical harm, hurt feelings, sexual abuse, neglect behavior and the economicexploitation. In accordance with the internationally accepted form of child abuse of child abuse behavior is divided into the following 5 types:physical abuse; emotional abuse; sexual abuse; neglect; economicexploitation.The second part: the abuse of law basis. Focus on the analysis and demonstration of the special law of our country regarding the protection of children’s rights, for the prohibition, the legal responsibility is not clear,the judicial application is difficult; the Constitution and law departmentsalso have protection provisions on the rights of the child, but because thelaw convergence is not smooth enough, operability is not strong; criminal law no "child abuse sin". The frequent incidents of child abuse, child protection system with respect to gradually improve, urgently need to be resolved as soon as possible is the child abuse behavior into the criminal law category. Child abuse behavior not only violates people’s moral concept, also violated China’s criminal law to protect the legal interests,with serious social harm, should be made by the criminal law.The third part: the foreign representative countries and regions of the abuse of child child behavior and legal regulation of the investigation and reference. Focus on examining the Anglo American law system and continental law on behalf of the countries and regions for the child abuse behavior regulation, draw two legal representative countries and regions to abuse the useful experience of child behavior regulation, so as to regulate the abuse behavior to provide reference.The fourth part: the thought and suggestion of the abuse of child abuse in our country.Suggestions will our current "criminal law" Article 260 is amended as: guardianship and rearing obligation abuse by guardian or dependents, 2 years following with imprisonment, criminal detention or control and impose punishment against qualifications, vile, for more than two years of fixed-term imprisonment of 7 years. The crime of committing the crime mentioned in the preceding paragraph, causing the victim to serious injury or death, according to the intentional injury, intentional homicide, and the conviction and punishment.