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Study On The Criminal Law Regulation Of Child Abuse

Posted on:2018-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:X L JiangFull Text:PDF
GTID:2346330512459992Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the abuse of child behavior has aroused strong concern in social and legal theory circles, and the community has been calling for the establishment of"child abuse" to regulate child abuse. Revising the crime of ill-treatment to extend the subject of ill-treatment from family members to those who have custody and guardianship of minors, and also initiate the handling of the crime of ill-treatment The model has been modified to exclude situations where "there is no capacity to tell, or because it can not be told because of coercion or intimidation". The modification of the crime of cruelty in the criminal law is conducive to the regulation of child abuse, so that subjects other than family members such as teachers, nannies and other child abuse can be treated with the crime of abuse if they meet the other elements. Although there is some progress in the regulation of child abuse in China, there are still many shortcomings. In the judicial practice, it can be seen that the child abuse in our country still has not been effectively regulated. It is necessary to perfect the law of our country..Therefore, this article takes the criminal law regulation of the child abuse behavior as the research object, and puts forward the consummation suggestion on the basis of analyzing the present situation and the problem of the criminal law regulation of our country child abuse behavior.As the first part of introduction, this paper discusses the research background, and introduces the research situation at home and abroad, summarizes the research content.Second part defining the typical cases of child abuse and child abuse were analyzed from the Angle of theory and reality, the necessity of the criminal law regulating. The third part analyzes the causes were child abuse and child abuse in our country, the existing provisions of the criminal law regulating and the existing problems. The fourth part of the representative countries of Anglo-American law system and continental law system are introduced on child abuse regulation, and analyses the foreign legislation for the enlightenment of our country. The fifth part combines the analysis of the status quo of child abuse by adding \,abuse\" whether has the necessity, this paper argues that there is no need to add \"child abuse\", just on the basis of the existing criminal law to perfect the related terms and improve the system of regulating abuse of supporting and social relief measures for the prevention and control of child abuse.
Keywords/Search Tags:Child abuse behavior, Criminal law, Regulation
PDF Full Text Request
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