Discussion On The Harm Of Child Abuse And Its Criminal Law Response

Child abuse has become one of the most serious problems in the world,and our country is not immune.Children are the hope of a country.More attention should be paid to protecting the physical and mental health and the rights and interests of minors.The violation of children is equivalent to strangling the future and hope of a country in the cradle.Only when children's comprehensive physical and mental health and personal safety are realized can the future hope of a country be guaranteed.In order to solve the problem of child abuse,respond positively to the opinions of the academic community and meet the strong needs of the public,China has improved the crime of abuse and increased thecrime of abuse of person under guardianship in the amendment to the criminal law(9).The amendment of the crime of maltreatment highlights the protection concept of criminal law and protects the legitimate rights and interests of special groups.Although the amendment of the crime of abuse has played a role in making up for legal loopholes to some extent,due to the limitations in legislation,the problem of child abuse will still have some inevitable problems in judicial practice.In order to solve the problem of child abuse: first,define the scope of children,how to define the scope of children in terms of age,then clarify what behavior constitutes abuse,and then conduct qualitative analysis on the meaning of "child abuse" according to scholars and international theories.After discussing the current situation of child abuse cases in China,it is concluded that there are frequent child abuse cases in China,the number of child abuse cases continues to rise,and biological parents are the main force of child abuse cases.The author analyzes the characteristics of child abuse incidents in China according to the survey data on the Internet.The main characteristics are diversified forms of abuse,which will bring physical and mental harm to children.According to the characteristics of child abuse cases in China,the causes of child abuse are discussed,and the root of frequent abuse is analyzed from the legal,social and individual reasons.Then it further explains the various harms that child abuse brings to children,including the physical and psychological harm to children,the harm to social order,and the harm to children's legal interests.Then draw out against child abuse in our country criminal law,the crime of abuse and abuse custody,care,analysis of two crime crime constitution,characteristics and different compared to two SINS,then explain the revised "criminal law amendment(9)in abuses still exists insufficiency,the main scope of subject of the crime is not comprehensive,in view of the same abuse of abuse among the family members and family members outside the main body of child abuse cases adopted different legal punishment,to mental abuse is not clearly defined standards,there is no clear stipulation to the definition of" abuse ",It is unreasonable to set the crime of maltreatment as the crime of propitiation.In view of the imperfection of legislation,puts forward that the crime of child abuse should be set up separately at the legislative level to expand the subject of crime,improve the legislation's characterization of abusive behavior and mental abuse,set a higher penalty,and set the crime of abuse as a public prosecution case.In order to reduce the occurrence of child abuse incidents and protect children,some protective measures are put forward,such as community correction,the definition of law enforcement agencies,the establishment of a comprehensive anti-abuse protection system,establish a new concept of teacher recruitment standards and the publicity of the correct way to educate children.