Study On The Legal Problems Of Nanjing Child Abuse Case

Children are the hope of the motherland, the future’s successor, is should enjoy the healthy growth of the new flowers in the sun, the development of children’s physical and mental health is about the country’s comprehensive national strength and the road to the great rejuvenation of the Chinese nation, the rise and fall of little is about family and harmony, not is not heavy. In recent years, however, there have been media exposure in the society of all kinds of child abuse, and intensified, brings the serious harm to the state and society, not only conducive to children’s physical and mental health development, also unfavorable to the cultivation of their good personality, but also affect social ethos, affect the harmonious development of society. Establishing and perfecting the laws and regulations on child abuse prevention and cure is imminent. Recently, nanjing pukou parents child abuse event again attention to focus on child abuse. Cases of first instance verdict Li Zhengqin, caused heated discussion, mainly focused on child abuse should be how to blame, is harm to or the crime of abuse, should take the form of litigation in a form or a form of public prosecution can abuse punishment independently. This paper focus on the problem from the perspective of punishment law legal theory analysis, and the difference between crime of intentional injury and abused, aiming at the lack of criminal law legislation regulating abuse problems is analyzed, and thinking in torture, intentional injury is not enough to evaluate child abuse cases, think about whether can add abuse, in order to make up for the inadequacy of child abuse legislation defects, thus a more comprehensive, more practical and safeguard the legitimate rights and interests of children.This paper consists of four parts.The first part is introduction, introduces the source of the case subject, research purpose and significance, research methods and innovations. According to subject sources in the child abuse is abuse phenomenon of universality and research significance. Theoretical significance of this study is to solve the special aspect of crime of the criminal law is not enough to cope with child abuse and theoretically make up regulation of child abuse loopholes in the current criminal law; The practical significance of the study is to dig abuse crime and intentional injury for the regulation of the defects in child abuse to investigate whether the abuse sin into laws can promote the perfection of child protection in our country criminal law responsibility and maturity.The second part of the contents of the main for the case review, after introduced the basic case and the verdict, the focus of the society in poetry from the case, the child abuse is harm or abuse, child abuse of litigation mode is in a form or a form of public prosecution can abuse punishment. From nanjing to the abuse of child abuse should be how to blame, it should adopt what kind of lawsuit form, investigate whether the abuse behavior punishment has its necessity and feasibility.The content of the third part is the legal abuse to the case analysis, mainly from three aspects: first, the qualitative analysis of child abuse, child abuse is according to the harm to punish or abuse treatment, analysis the various charges for regulation what are the defects of child abuse, which child abuse charges regulation more has its advantage; Second, abuse of litigation mode, the abuse of public prosecution form, in a form of child abuse. Third, abuse punishment basis, the necessity and feasibility of abuse punishment for analysis.The fourth part is the content of the abuse around nanjing generalizations of social issues, the legal regulation of child abuse in China. For the lack of criminal law legislation regulating abuse problems were analyzed, and thus thinking in torture, intentional injury is not enough to evaluate child abuse cases, think about whether can add abuse sin, in order to make up for the inadequacy of child abuse legislation defects. Are discussed mainly from two aspects: first, the main analysis of the legislation of criminal law regulating abuse problems, namely the lack of regulating abuse in the torture, the lack of regulation child abuse in the intentional injury; Second set up the crime of child abuse, and probes into the conception, increasing the number of child abuse crime whether has the necessity, design of abuse the law of sin and punishment, third, the abuse of litigation form, favours a private prosecution, public prosecution is complementary forms of litigation, to safeguard the legitimate rights and interests of children.