Research On The Criminal Regulation Of Child Abuse

In recent years,child abuse has been constantly exposed in public.Many cases of child abuse which are made by teachers,baby-sitters and nurses have occurred after the abuse case in Wenling."Child abuse at the RYB kindergarten" has drawn greater attention.We have to condemn the existing legal system through those behaviors.Although Criminal Law Amendment(IX)has improved the relevant provisions of the crime of abuse,enlarged the scope of subjects,increased penalties about child abuse,and made certain changes in litigation pattern,there are still certain deficiencies in the specific provisions and implementations.For example,the scope of subjects is still limited,the penalties are weak,and the litigation pattern is defectived,ect.Therefore,this paper attempts to analyze the significance of the criminal regulation for child abuse as well as the deficiencies of existing laws and regulations,through summarizing the concept and type of child abuse,and adopt the methods of amending existing provisions of the criminal law on the basis of drawing reference from domestic and foreign relevant legislation.With these measures,we hope to reduce the incident occurrence by improving the punishment of child abuse and protect children's growth.Apart from introduction and conclusion,this paper is mainly consisted of following four parts:The first part mainly gives an overview of child abuse.First of all,summarizing the concept of child abuse based on the defining of abuse;Secondly,classifying the types of child abuse behaviors.In the case of grasping the types of child abuse,it can be convicted and sentenced according to the relevant laws;Finally,analysis the necessity and feasibility of child abuse to show the significance of the criminal regulation of child abuse.The second part mainly analyzes the current situation of the regulation of child abuse by China's criminal law and points out that the current criminal law in our country is deficient in the regulation of child abuse through the analysis of "crime of abuse","intentional injury","insult","crime of causing trouble" and "abandonment".The third part is mainly about how to regulate child abuse in foreign criminal law which includes the United States,Japan,Britain and Germany.In the end,this paper summarizes thecharacteristics of the criminal law of all countries and their enlightenment to China.The fourth part puts forward personal proposals mainly aiming at the current status of criminal regulation of child abuse by drawing on the legislation of other countries and combining the facts of our country,which includes: firstly,include child abuse in "crime of torture";secondly,improving the abuse of rules and regulations,including: expanding the scope of abuse,clearing the age limit of object,setting up qualification punishment and regulations of mental harm,improving legal punishment and the transformation of the mode of prosecution,and analyzed the competition and cooperation of the amended law and other crimes;thirdly,the punishment right of parents and teachers should be analyzed,and the right of punishment should be excluded from the regulation of abuse so as to ensure the reasonable education activity of parents and teachers.Through the above measures and our existing criminal charges in penal code,we want to establish a criminal system to regulate the child abuse and safeguard the rights and interests of children,to protecting the children's healthy development.