Reserach On The Criminal Law Regulation Of Child Abuse

Child abuse occurs frequently,and although the perpetrator has been convicted and punished,the deterrent force is still insufficient,The causes need to be analysed and improved in order to combat child abuse more vigorously,protect the physical and psychological health of children,and maintain social harmony and stability.Britain,the United States,Japan and other countries have adopted a single-line legislation to define child abuse,integrating the classification of child abuse by States and international organizations,The subject of abuse,the age of the child,the act of abuse,etc,are usually included in the definition of the problem.There is no clear definition of this behavior in my country,Taken together,child abuse can be defined as what is being done by the general public to children under the age of fourteen.Acts that cause harm to children’s physical,psychological and other aspects.The imperfection of criminal legislation in our country is the key cause of child abuse.China can regulate child abuse more crimes,but the application of the boundary is vague,so we must clarify the boundary between the charges.The main problems in judicial practice are: Whether the act constitutes a crime;The crime of ill-treatment of custody and caregiver requires that the subject be a person with guardianship and care responsibilities,In practice,it is necessary to distinguish between different responsibilities,Teachers have both responsibilities,and caregivers are primarily caregivers.The childminder may be convicted directly of the selective offence for committing the crime and,if chosen,shall be convicted and punished for ill-treatment of the carer;The crime of abuse is different from the crime of ill-treatment of custody and caregiver,which is mainly the subject of behavior.Two crimes will appear imagination competition,should choose a felony punishment;The crime of abuse and the crime of intentional injury should be analyzed according to the subject,means,the time of the act,the result of the injury,causation and so on.Accurate conviction and sentencing;The subject of the crime of ill-treatment of custody,caregiver and intentional injury is different,The key difference is conviction in the event of serious injury or death,If it causes serious injury or death,it shall be convicted and punished according to the difference of cause and effect;The law of ill-treatment of custody,the crime of caregivers and the protection of the crime of provoking a disturbance is different,The key is whether the abuse is harmful to public order in society;The key to rape and child molestation is the difference between behavior.Extraterritorial punishment of child abuse has a single line of legislation,And there are also crimes in criminal law to regulate such acts,And there are significant features in the setting of criminal law,Such as the low threshold for crime,the punishment is strong,and the government and civil society organizations form a joint effort to regulate child abuse.The boundary between the main sin and the non-crime in the regulation of child abuse in our country is blurred;Inadequate protection of children’s rights and interests;Neglect of defects in inaction.This can improve the criminal legislation of child abuse crime,perfecting the standards of criminalization and adding the crime of atrocities;Increase the intensity of punishment,such as can be supplemented by property punishment;Identify the relevant responsible subjects.