Font Size: a A A

Study On Criminal Law Regulation Of Neglecting Children's Behavior

Posted on:2019-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:S T ZhangFull Text:PDF
GTID:2416330545971969Subject:Law
Abstract/Summary:PDF Full Text Request
At present,child protection has become a hot topic in China.With the deterioration of the social environment,children's injuries are increasing,and children's guardians have an irreplaceable role in their healthy growth,which requires the law to give them the obligation to protect children and make them bear strict legal responsibilities.However,the law of our country has great loopholes in the protection of children.The civil law emphasizes the obligation of the guardian,but the responsibility for the parents to fail to fulfill their obligations is very important,and the operability is not strong.In addition,administrative measures are obviously lacking in deterrence for parents and other guardians who seriously ignore children's safety.Therefore,I think it is necessary to regulate the guardians' failure to fulfill their guardianship obligations from the perspective of criminal law.As to how to ignore children's behavior into punishment? Germany adopts a separate accusation mode to set up a special crime of violating guardianship and education obligations in the German penal code.While in Japan,there is no typical criminal law,although there is no specific criminal law specifically aimed at children's careless negligence(negligence),but the provisions of "the crime of abandonment of responsibility","negligent" crime and other unilateral laws can also achieve the desired effect of regulation.In our country,in view of the fact that this kind of action can be prosecuted and how to determine the various courts of the crime,the main reasons are the following two reasons: on the one hand,the cases of negligent serious injury and death crime are widely used,and the common law is used to protect the minors.On the other hand,the crime and abuse of the crime of abandonment and abuse.The regulation of the behavior is too single,and it can not completely include all cases of child guardianship.Many acts of malicious neglect of children's safety and negligence which cause children to be infringed on others can not be prosecuted through these two crimes.In view of the lack of relevant provisions of the criminal law in our country,I think it is necessary to regulate the behavior of parents and other guardians to neglect their children,in accordance with the actual situation of our country and the successful legal practice of foreign countries,and by adding the "child guardianship negligence".
Keywords/Search Tags:Child Protection, criminal law, Guardian's responsibility
PDF Full Text Request
Related items