On The Criminal Regulation And Rectification To The Child Abuse

The crimes of endangering marriage and family relations was canceled and replaced bythe crimes of infringing upon citizens right of the person and democratic rights after therevision of Criminal Act of the People’s Republic of China in1997, but the crime of abuse didnot make any modification. However, with the advancement of China’s industrialization, themain pattern of traditional agricultural society has gradually been broken, so the minors havealso began to separate from the guardian’s vision. The subject of child abuse is confined to thefamily members for the traditional legislative concern is in contradiction with China’s socialmodernization. Beginning with this point, this essay comes up with legislative suggestions torectify that to protect the legitimate rights and interests of minors and by adding the crime ofchild abuse through analyzing the defects of the crime of abuse. This essay consists of thefollowing five parts:Chapter one: the inspection and evaluation of child abuse. Combined with China’sspecific national conditions, this chapter defines the definition of child abuse based on theviews of the World Health Organization, International Standing Committee, and the scholarsboth at home and abroad on child abuse. In the first section, the present situation of childabuse is analyzed correspondingly. In recent years, the network media has exposed someshocking affairs of child abuse, especially the kindergarten’s teacher, indicating thephenomenon of child abuse in China is serious. In the second section, the influence of thechild abuse is analyzed, demonstrating that long-term abuse is harmful for children’s growthin mentality and body. When growing up, they are still influenced on life and study, someeven to the path of crime.Chapter two: the omissions and defects of the criminal legislation. This chapter revealsthe deficiencies of the crime of child abuse and some alternative crimes. In China，Maltreatment is a crime whose subjects are among family members，thus，it’s hard to find anyclause in Criminal Act to punish the non-family members. In practice，Alternative crimes areusually applied by the public security to accuse the offenders，such as，the insult crime，the intentional injury crime，the defiance and affray Crime. However，the intentional injury crimeneeds to reach a degree of minor wound，the insult crime needs to be conducted in public，andthe defiance and affray crime needs to endanger the social order，which are not appropriate toincriminate the non-family members. In the long run，the abused children’s rights will not berelieved effectively，and also not conductive to the development of children’s physical andmental health.Chapter three: the path selection of legislative rectification on child abuse. This chaptersums up the three kinds of solution the scholars put forward on the defects of the child abusein Criminal Act: first, the revision of article260(the crime of abuse) to enlarge the subjects,change the litigation of “handling only upon complaint”, and coordinate the crime andpunishment setting. Second, the intentional injury crime needs to reach a degree of minorwound and criminal attempt of minor wound is generally not punished, so it is necessary toimitate the crime of violence in Japan. Third, the children are belonged to the vulnerablegroups and need special protection, thus, the only way for us is to learn the legislativeexperience of western countries and add the crime of child abuse to Criminal Act.Chapter four: the reality of adding the crime of child abuse. This chapter is based uponthe previous statements, putting forward to the reality adding the crime of child abuse fromthe criminal policy of protecting children, the harmfulness of child abuse to society, and theurgent appeals of citizens to protect children. The add of the crime of child abuse not only canfill the vacancy, relief the embarrassment of no law applied, but also respond to the urgentneeds of citizens to protect minors.Chapter five: the legislative suggestion of the crime of child abuse. This chapter mainlyanalyze the continental law system in our country, having a preference for the penal code, sothe German Mode (the Criminal Act stipulates special articles to protect the special groups,including the minors) is inclined to accept by our law system, and conductive to protect thespecial groups. Based on this point, the concrete construction of the crime of child abuse isput forward. Considering that we canceled the crimes of endangering marriage and family,thus, we cannot completely copy the German Model. In my opinion, we can add the crime of child abuse to article260(the crime of abuse) to demonstrate the special protection for theabused minors. And, the crime of abuse could imitate the article225in Criminal Act ofGermany expanding the subjects of offenders and victims so as to cross the crime of abuseand the crime of child abuse.