A Study Of Child Abuse From The Perspective Of The Crime Of Abuse

In recent years,child abuse has continued to attract widespread attention from the public and the legal theorists.As the last line of defense for social security,the Criminal Law should naturally play an irreplaceable role in adjusting child abuse behavior.However,there is no independent crime of child abuse in our Criminal Law.The crimes of intentional assault,abandonment,provocation and insult in the judicial practice cannot fully and properly evaluate the particularity of child abuse.Therefore,on the basis of comprehensive consideration of legal provisions and judicial practice,this paper will choose the more appropriate crime of abuse as the perspective to study the problem of child abuse,trying to better deal with the increasingly rampant child abuse by discussing how to improve the crime of abuse.The Criminal Law Amendment(IX),implemented in2015,added the crime of ill-treatment of guardians and caregivers under the crime of abuse,expanded the scope of the actor and broadened the restrictions on prosecution,which strengthened the protection of children to some extent.However,there are still some limitations in the crime of abuse.In terms of legal provisions,the crime of abuse has a narrow scope of criminal subjects,unreasonable penalties,and excessive restrictions on prosecution.In terms of judicial practice,the standard of gravity of the circumstance is vague,the boundary between the relevant approximations is unclear,and the judicial appraisal does not fully consider the physiological and psychological specificities of children.These problems have hindered the criminal law evaluation of child abuse,so it needs to be solved analytically.The study believes that,based on the full consideration of the physiological and psychological characteristics of children,we should try to set the "Human Damage Degree Identification Standard" for children in the judicial identification process,and incorporate the mental damage assessment into the forensic identification of child abuse cases.Among them,this can better regulate child abuse in practice.