| The real world is dominated by adults.Children’s rights have not been given due attention.When the interests of other social groups conflict with children’s interests,the vulnerable group status of children may be ignored or even violated by the whole adult world.The current situation of the protection of children’s rights is worrying.Child abuse has become one of the most important problems in the field of international child rights protection.More and more countries,social organizations and scholars have devoted themselves to effective prevention and regulation of child abuse.As one of the great powers in the world,China’s economy keeps making rapid progress,and many new fields and new social relations gradually emerge.These relations will become more complex,which will make the protection of children’s rights and interests face more and more serious threats.Throughout recent years,child abuse incidents exposed on the Internet have become more cruel and diverse,and the social impact is very bad.Many parents are deeply distressed and panicked,causing serious psychological shadow and physical injury to the child victims.Before the Criminal Law Amendment(9)came into force,these acts were eventually convicted as crimes of abuse and provocation.Although it also has a certain role in punishing crimes,there are also many errors in the application of law and the incompatibility between crime,responsibility and punishment,which results in different standards of application of criminal law.After the promulgation of the Criminal Law Amendment(9),the crime of maltreatment of guardians and caregivers was added,which solved the predicament that suspects who abused children but did not constitute the crime of intentional injury could only take administrative punishment.However,in real life,the proportion of new charges filed by public security organs is relatively low,and they always refuse to file a case because the circumstances are not "bad",instead of punishing by public security,which makes the cost of violating the law of abusers too low and the phenomenon of child abuse still emerges one after another.Therefore,it is the general trend to improve the relevant criminal laws and regulations of our country and seek the regulation path of child abuse,which is the strongest way to give comprehensive protection to children in vulnerable position.Therefore,the author suggests that the crime of child abuse be added.The following is an analysis of the independent conviction of child abuse:The first chapter is the introduction.Through the elaboration of the background,significance and methods of this study,this paper lays the keynote for the follow-up analysis of how to regulate child abuse.The second chapter is the definition of child abuse.Through the legal definition of child abuse and the classification of abuse methods,we can deeply understand child abuse.Chapter three is to discuss the necessity of independent conviction of child abuse in detail.This part mainly analyses the current legislation situation and child abuse phenomenon,clarifies the harmfulness of child abuse and the seriousness of the problem,so as to put forward the necessity of adding child abuse crime;the fourth part considers the relevant legislation to regulate child abuse outside the country.Through comparative analysis of the mature legislative experience of foreign countries in regulating this behavior,I hope to provide a good reference for our legislators.The fifth part is the system design of independent conviction of child abuse.By conceiving the elements and penalties of the crime of child abuse and the connection with related charges,the ultimate goal of curbing child abuse is achieved,the awareness of public reverence for the law is raised,the legal basis and guarantee for the rights and interests of children and their healthy growth are provided,and social fairness and justice are further realize. |