A Study On The Criminal Responsibility Of Guardian's Negligence Crime

Children's injury and death caused by negligence occur frequently,the negligent perpetrators include guardians and ordinary people.Ordinary people's negligence will be punished by the Criminal Law.However,in current judicial practice,because of shackles of traditional concepts,guardians' negligence not be considered to a crime,which is very detrimental to the protection of children's rights and interests.The controversy over the criminal responsrbibiKty of the guardian is not only the contradiction between the traditional culture and the social construction of the rule of law,but also the effect of the o-verseas criminal law culture on the criminal culture of our own country.The fundamental controversy lies in the integrity aed independence of children's rights and interests.This article embarks from several typical cases of guardian's negligence crime.From the perspective of parental negligence,which leads to inant casualties,this article discuss the urgency of the protection of children 's rights and the criminal responsibility of the neglect guardian from the angle of the basic principles of criminal law,the purpose of punishment and the harm of society.And then discusses the type of negligent guardianship.Finally,making some suggestions of punishment through analysis of the related crimes based on China and overseas.