On The Criminal Regulation Of Child Abuse And Supporting Measures

Influenced by China’s traditional culture of Confucianism, Chinese child abuse will exist for a long time. Due the increase of floating population, children’s activity scope has been expanded. So that child abuse is not limited to the family. Meanwhile child abuse is increasingly severe year by year. Child abuse has a variety of types, including physical abuse, sexual abuse, emotional abuse, family member abuse, and non-family member abuse.In many developed countries, the connection of child abuse’s concept and the criminal law is natural and closely. At the same time, the child abuse of the criminal law’s adjustment is widely, providing the basis for the criminal of child abuse. The criminal standard of child abuse is low, and belongs to a felony. We should absorb the related laws and regulations to the domestic law, draw lessons from their experience, and promote the progress of child abuse prevention in China.In our country, the charges may be involved for child abuse including, the crime of insult, the crime of abuse, the intentional assault and the crime of disturbing social order. First, the crime of insult requires publicly, at the same time it contains only the abuse of children’s reputations, and cannot contain all child abuse. Second, the crime of abuse adjusts the family members’ abuse, and cannot adjust non-family members’ abuse. Third, the intentional injury requires to the minor standard, which creates a higher standard of punishment. Four, the crime of disturbing social order affects the social order and public order, but child abuse mainly affects children’s physical health. Considering our country’s current situation of child abuse, we should improve our criminal legislation, expand the scope of the crime of abuse, change the private prosecution to suit of public, raise the legal punishment, and add the qualifications punishment, so as to fully protect the rights of children.The criminalization of children abuse is the important measure to curb the child abuse, but it is only a temporary measures. If we want to eliminate and control the child abuse radically, we should further establish the basic principles of children’s right protection, so as to better control the child abuse. In order to eliminate the child abuse radically, we should build a series of comprehensive measures including the establishment of the legal system, the security of system and social support.