Research On The Criminal Law Regulation Of Child Abuse

Wenling child abuse case aroused people greatly anger, but this event lacks ofsome legal basis in the process. So it is necessary to study the problemof child abuse of criminal law regulation.Child abuse is an infringement damages for physical and mental health fromparents or any other guardians except the family members who uses violence againstchildren under14years old intentionally or negligently. According to the differentdamage behavior of children, child abuse can be divided into violence, neglect, sexualabuse, emotional abuse of four types. According to the relationship between theabuser and the child, child abuse can be divided into the abuse of family members,the abuse of people who has a statutory obligation to the child, and the abuser withoutany relationships between rights and obligations to the child of the three types. Thecause of the child abuse is various, such as family factors, social factors and personalfactors. The child abuse is harmful to the physical health, psychological health andthe children’s growth.Preschool teachers abusing child in China is difficult to control and more serious.The reason is not only from the Chinese traditional wrong concepts of education butalso inadequate punishment of criminal law regulation. China’s criminal law reflectsthe special protect to children in many charges set but have no regulation means ofthe child abuse from preschool teachers. The crime of abuse is the most similar crimein the objective pattern of child abuse behavior, but it is not sufficient to disciplinarythese preschool teachers’. Because of the scope of the crime of abuse is limited to thefamily members living together, private prosecution sin is not conducive to pursueoffender’s criminal responsibility, the legal punishment is too low to fight againstcrime; the crime of disturb damages legal interests of the social public order, thecrime of intentional assault claims for damages have degree of minor injuries, thecrime of insult is a private prosecution sin led to many obstacles when according tothe criminal law to punish the child abuse behavior from preschool teachers,not only indulge the crime but also can not effectively protect the children victims.Child abuse is widespread wherever developing countries or developed countries.Through the study of foreign laws, we can find some following characteristics offoreign criminal law on the regulation of child abuse: first, the legal system related tochild abuse is more perfect, more detailed, for example the United States and Japanare both have a comprehensive control system against child abuse; second, theadjustment range of the crime of abuse is much wider, for example in Germany andMacau which are same as the civil law countries included various types of the crimeof abuse in all areas of society. The third is the criminal penalties are very severely.The relevant provisions on the crime of child abuse in foreign country from the scope,the prosecution mode, penalty configuration changes can provide valuable experiencein legislation to perfect the crime of abuse.For the criminal law to regulate child abuse, to establish new charges or modifythe crime of abuse, there is a dispute in the theory circles. I support the point of viewwhich modify the crime of abuse such as from the scope, the prosecution mode, thepenalty configuration changes is more targeted. Because whether it is fromthe system and the stability of the criminal law to consider, or from the angle ofeconomic legislation, to expand its scope, to modify the crime ofabuse prosecution mode, to improve the crime of abuse of the criminal penalty ismore feasible. Finally, this paper proposed changes to the crime of abuse.