Study On The Criminal Law Regulation Of Child Abuse

The network frequently reported child abuse accident make people shocked. In the protection of children's rights and interests, the civil law and admini strative law are invalid. So we need to use criminal law to protect children's rights. In The system of regulation of child abuse,the crime of abuse regulation subject confined to the family members,so that non-family members of child abuse causing no injuries consequences of behavior is no legal basis. In the discussion of child abuse into the criminal acts of crime, there are two ways. One is the addition of new charges,the other is modify the crime of abuse. Combined with thelegislative measures of protect children from abuse in United States, Germany and Japan and the existing criminal law system in our country,the author put forward by modifying the crime of abuse to regulate child abuse behavior. The "Criminal Law Amendment(ix)" has been modified for the crime of abuse,this is consistent with the author's views. Modified abuse crime still has defect in protection of children's rights and interests. This paper puts forward the improving measures from two aspects of criminal legislation and application.This article includes the abstract, introduction, text and conclusion, and the text has been divided into three chapters.The first chapter is an overview of child abuse behavior. This chapter is divided into three sections:The first section combined with the definition of "abuse" and "children" in the existing of "criminal law" and explored the scope of the subject of child abuse in practice determins the appropriate definition of "child abuse". The second section discusses the abuse behavior according to the several types of different classification criteria. The third section analyses the abuse of social harmfulness from the harm of children's physical, psychological and social damage.The second chapter is about the criminal conviction of child abuse. This chapter is divided into three sections: firstly analyzed the United States, Germany and Japan's legislative measures of regulating child abuse behavior. Then has analyzed our country does not need to add "child abuse crimes". Finally discussed the criminal legislation system of regulating childabuse behavior in our country and Modified abuse crime still has defect in protection of children's rights and interests.The third chapter putsforward the improving measures from two aspects of criminal legislation and application. First through judicial interpretation in the form of list make the abuse connotation clear. Again, one of article 260 of the criminal law of behavior subject changed to the general body and deleted the "bad circumstances" requirements. Finally discretionary circumstances of sentencing on criminal must have a legal basis and can't free expand.