Criminal Protection On Minors Guardianship

Minors are disadvantaged minority, their healthy growth need good care. Although the state has laws to protect the legitimate rights and interests of minors, the minor’s lawful rights and interests are frequently violated, guardians of minors are parents or close relatives, which will cause the tort of guardian concealed and easily overlooked. The regulation of the guardian is relatively weak in our country’s criminal law, and lack of effective legal protection and responsibility mechanisms, this status is not conducive to protect the rights and interests of minors. At present, in our country the provisions of the guardianship system is mainly stipulated in the civil code and there are few in other laws and regulations. The guardian’s responsibility and protection measures of minors are single, lead to the limitation of the law on the adjustment of the guardianship, if only through civil norms to adjust it, it is difficult to protect the legitimate rights and interests of minors all around. And some improper behaviors have caused serious social harm, and have gone beyond the scope of civil law, it is necessary to regulate them by the criminal law.Based on foreign legislation, this paper is aimed to improve guardianship of minors in criminal law. Mainly in the view of the crime of abuse and crime of abandonment. Firstly, criminal law should expand the scope of the criminal subject, and amend the family member to the people who bear the responsibility of guardianship, including the social welfare institutions, such as orphanages, welfare, and grass-roots government, so as to strengthen social protection consciousness of minors, which can really protect the legitimate rights and interests of minors. In the criminal law the legislation of minors’ guardianship are mainly legislated in the crime of abuse and abandonment. The crime of abuse is aimed to sanction repeated family members abuse; the crime of abandonment is mainly directed against the behavior that someone have the ability to support the family independent member but refuse to do it. Beside the behaviors of abuse and abandonment, the criminal law does not adjust other infringements. Therefore, the criminal law is insufficient in the guardianship of minors, which has greatly restricted the protection of minors guardianship, so we should refine the behavior of guardianship abuse, guardianship negligence, sexual assault as the criminal behaviors; at the same time, we can add the qualifications punishment to deprive the guardianship of improper guardian.the provisions of qualification penalty in in the criminal law to deprive the improper exercise of the guardian guardianship. Although the criminal law can punish wrongdoing by severe penalty, but the custody case has its particularity, in such cases, it should be emphasized that the application of non-compulsory measures, and should integrate the criminal legislation, criminal policy and supporting mechanism. A series of substantive law need draft to regulate the guardian’s tort behavior, and protect the legitimate rights and interests of minors to better. Based on the judicial practice of our country and the legislation, judicial action of some countries, this paper combines with the current pressing minors abuse, abandonment behavior to express my humble opinion for discussion and debate.