Reflection On The View Of Guiltlessness And Light Penalty Of Dereliction Of Duty Parents

Our country's "Criminal Law" does not deny the criminal responsibility of the dereliction of duty parents who negligence caused serious injury or death to minor children.But in the process of actual criminal accountability,it faces conflicts of reason and jurisprudence.Therefore,it is urgent to clarify whether the fault of parents to cause minor child casualties should and how to bear criminal responsibility.First of all,from the perspective of parent-child relationship,state custody and legal care,the thesis makes a jurisprudential critique of the position of dereliction of duty parents' innocence or mitigation.Minor children are no longer private property of parents,and state responsibility cannot alleviate parental responsibility,and guardian negligence cannot just be morally condemned.Second,from the perspective of social harm and crime prevention,the thesis criticizes the position of dereliction of duty parents' innocence or light punishment in criminal law.Parental negligence causing serious injury or even death of underage children not only has serious social harm,but also requires criminals to blame the dereliction of duty parents in the risk society for preventing crime effectivly.Third,the thesis further proposes that the dereliction of duty parents are guilty and should be severely punished from the perspective of criminal law principles,responsibility system and children's interests.However,it should be emphasized that the severe punishment of dereliction of duty parents is only a matter of principle.The thesis supports that light,mitigate or even exempt punishment of dereliction of duty parents in certain circumstances.Finally,it is difficult to criminally blame the dereliction of duty parents,which is directly related to the current theory of criminal law negligence in China and the closed family environment leading to the difficulty of proof.Therefore,the thesis believes that it is necessary to construct the theory of guardianship negligence in criminal law.It also helps to limit and clarify the responsibility of parents from the perspective of negligence to balance the interests of parents and minor children.