Study On The Cases Of Child Abuse

In recent years,child abuse incidents occur frequently,which has aroused strong public concern about the protection of the rights and interests of abused children.This paper selects Dangshan child abuse case,Chifeng yu zhang private prosecution case,Shanxi Zhao child abuse case and Yixian Cai child abuse case as research objects,and finds that there are disputes on the boundaries of disciplinary behavior and abuse behavior,the subject meaning of abuse crime,the identification of this crime and other crimes as well as "aggravated circumstances" in the judicial judgment of child abuse cases.It is necessary to analyze the eligible subjects of abuse charges from the aspects of laws and regulations,sources of Aspects obligations,etc.When judging the application of the specific crime of abuse,we should compare the constituent elenents of each crime,find out the differences,and draw a clear distinction between this crime and the other.the crime of maltreatment belongs to the crime of circumstances,and the determination of "aggravated circumstances" should be comprehensively considered from three aspects:the duration and frequency of the crime,the means and methods and the consequences of the act.Learning from the successful experience of other countries and regions,the criminal legislation of child abuse in China first need to clarify the concept of child abuse.Parents' moderate disciplinary power has its legitimacy and should not be totally denied.It should be distinguished from disciplinary behavior and abuse behavior from four aspects:the purpose of the behavior,the reason of initiation,disciplinary means and the necessity of the behavior,and the boundaries between the two should be reasonably distinguished.Secondly,the subject scope of the crime of abuse should be abolished and expanded to the general subject,which is conducive to the inclusion of all acts of child abuse into the constraint scope of the crime of abuse,as well as to the realization of close connection between various crimes in the criminal law and the avoidance of legal loopholes.