Research Of The Crime Of Abuse Children

With the development of our society in China, family crime has increasingly highlight this trend and there are criminal cases happened among family members. In the context of legal advance, people’s awareness about human rights has constantly improved and proposed the new and higher claims for criminal function of right protection. The importance of right protection has showed the prominence in protecting the minor, the elder, the handicapped and other vulnerable groups. The lack of criminal legislation, ambiguity and uncertainty have result in the defects of protection of weaker groups. More stringent legislation must be formulated. Appling criminal law to regulate the conduct of the abuse and to strengthen the protection of the minor children’s rights, it is not only basic path protecting the minors but also inherent requirement and inevitable destiny for protecting the minors. On the basis of analyzing criminal theories and summarizing practical cases, the article puts forward the conception. For example, criminal legislation, perfection of protecting the minors, preventing the minors from abuse’s infringements and so on. In view of the absence of special charge, the article also discuss the necessity and feasibility, and plan concrete routes to pursue the targets and start profound discussion in academic field.The paper is divided into four parts. The first part is an overview of child abuse behavior. Mainly analyzes the concept of child abuse behavior, types and reasons. Some child abuse behavior in our country cannot get timely prevention and punishment of child abuse behavior of cultural, social, family and other objective reasons to a certain extent also encourage, facilitate and aggravated the spread of child abuse. The second part mainly discusses the necessity and legitimacy applying criminal legislation to regulate abusive conduct. Through detailed analysis of dilemma, it can provide the legislative foundation of control maltreatment and implement criminal policy. The third part is primarily essential legislative conception. Based on identifying various controversial theories, the article seeks to deeply resolve the law of abused children and design theoretical path of the conviction. The forth part is legislative proposals. Simultaneously discusses incriminating elements, respectively criminal subject, objective aspect, criminal subject, subjective aspect. It also raise the advice and sentencing thoughts about concurrence of legal provisions and discusses its lawsuit pattern.