With the increasing number of child abuse cases,the issue of child protection has attracted the attention of more and more scholars.The problem of child abuse has gradually become a problem that must be resolved to maintain social security and protect basic human rights.To fully protect their rights,establish and improve relevant laws and regulations,and improve the state intervention system is an indispensable link.At present,China’ s relevant regulations for the protection of children’s rights are mainly concentrated in the "Civil Code","the Anti-Domestic Violence Law","Minors Protection Law","Criminal Law" and other laws and regulations.Generally speaking,the legal provisions are not perfect,the prescribed measures are not very operative,there are no preventive measures to effectively implement crimes,and the relationship between parents and children is not fully considered.Only one-sided provisions to revoke the guardianship cannot be removed.Fundamentally solve the problem of child abuse.In addition,there are also many problems with the guardianship restoration system,which cannot be combined with the actual situation to solve the actual problems.As a result,it is difficult to grasp the main contradictions when handling child abuse cases and cannot effectively protect the legitimate rights and interests of children.This research takes child abuse as the research object.On the basis of the current situation in my country,such as emphasizing criminal punishment and neglecting administrative intervention,lack of a buffer mechanism for depriving guardianship,and imperfect restoration of the right to revoke after a sentence,the definition of child abuse is based on,Starting from the perspective of the state’s intervention in child abuse and prevention of child abuse,compare the experiences of China,the United States and Japan in these three areas,and explore the best way to solve the problem of child abuse based on the principle of seeking a balance between minimal intervention and maximization of children’s interests,and put forward the importance of prior intervention system and optimize the mandatory reporting system and perfect the buffer of guardianship revocation Mechanisms and solutions to the guardianship restoration system. |