In The Perspective Of Child Abuse Cases On The Introduction Of " Violence Crime " In The Criminal Law

The childhood is the critical period to develop the physics and psychology, so children are the disadvantaged groups that with fragile physics and psychology, and are easily gotten hurt. With the rapid development of the social productivity all over the world and the rise of status of women and children, the international legal protection system on children has been improved gradually. China has also gradually built up the full legal protective system of children’s rights. However, in China, appalling cases of child abuse have often happened in these years, and the manipulations of abuse are in many kinds. But in many cases of child abuse, we cannot charge the perpetrators who trigger public anger with existing criminal regulations. So this cannot fully reflect on the fighting to the violence and the special protections of personal security. And this will not be advantaged for the protection of children’s security over time; also will easily create the negative influence on the process of social rule of law.This research adopted the methods of case and literature study. It explored the suspected accusations in these cases and summarized the suggestions of punishment on child abuse through the three cases of abusing children by the teachers in kindergartens recently, including the teacher Ms.Fan in Wen Ling. It summarized the characteristics of child abuse violence, and understood the legal idea as well as the regulations on the violence in Japan, America and Europe by researching the literatures.This article finally got the following summaries by the analysis of case and literature study:1. According to the criminal law and judicial practice in China, in child abuse cases, the abuser does not constitute the accusations of intentional injury, abusing, and affray crime. But if the crime is much more serious, this kind of behavior should be regulated by the criminal law.2. The majority of child abuse cases involving assaulting children directly have effects on children’s physical violence. But these violence behaviors that cause no injuries are not charged in China, which are not good for suppressing the abusing violence.3. Comparing with the criminal legislation on the violence that cause no injuries in foreign countries, we thought that we can learn from the experience of foreign countries, to add the violence crime in the criminal law in China, which is much advantaged to punish and prevent the crime of child abuse happen again.