The Criminal Law Theory Of Child Abuse Behavior

Nannies, teachers of child abuse and child abuse hospital nurse humiliate baby variousforms such as child abuse event was successively after exposure, repeatedly challengedpeople tolerate the bottom line of emotion, especially in possessing blue peacock kindergartenteachers Yanyanhong’s photo of child abuse was reported, aroused great indignation anddiscontent among the public, have said must severely punish the bad behavior, and the morallaw to punish the parties. But our country is legal system country, must act in accordance withthe law and disposal in accordance with the law, can not accept such a "trial" of publicopinion. In the face of different subject, different objects, different forms of abuse, andabstractness, limitations, hysteresis of the law itself, has exposed the criminal law the blankand lack of regulation on this question, then public opinion against hitting the defect ofsystem and mechanism and policy laws. How to use legal means to safeguard the basic rightsand interests of children, is a need to discuss about the issue, presses for solution. This articlethrough the analysis of child abuse, to perfect the legislation Suggestions, in order toeffectively combat the behavior of child abuse, maximally protect children’s rights andinterests, to maintain social harmony and the spirit of socialist rule of law.The author the full text is divided into five parts: the first part discusses the definitionand classification of child abuse. In combination with the abuse behavior is defined on thebasis of the definition of child abuse opinions and types, is advantageous for the judicialpractice operation; The second part is about the abuse of criminal law regulation of thedifficulties and handle differences. Of child abuse over the years, after a brief review of childabuse is put forward the focus of the debate-qualitative problem child abuse, it is concludedthat the current criminal law to regulate the plight of child abuse. But in order to solve thedilemma, legal scholars put forward the feasible way to add the crime of child abuse,modification, abuse, and maintaining the stability of law (existing laws can regulate) three,finally the author stated his views; The third part is difficult to tell China’s present criminallaw regulation of child abuse. We’ve learned through this part in the traditional "stickseducation" thought and legislative defects of current criminal law, under the influence offactors such as the unfair distribution of social resources, and the common led to the currentsituation of the current criminal law to regulate; The fourth part is a brief overview of the western countries and other tolerance of vulnerable groups of the criminal law protectionmeasures, through the introduction of the United States, Japan, Hong Kong area in ourcountry criminal law protection measures, hope that we can reference and reference. The lastis the author of perfecting the criminal law protection for the vulnerable groups andsupporting system. On the basis of study abroad experience, bring forward legislative,institutional and social aspects of the proposal.