Research On The Application Of Criminal Law To The Maltreatment Of Minors

The "child abuse case" frequently exposed in recent years has aroused widespread concern in the society about the legal responsibility for the abuse of minors.The legislation has also responded to social concerns in a timely manner.The Amendment（IX）to the Criminal Law added the crime of abusing person under guardianship and caregiver,filling in the legislative gaps in the abuse of minors by non-family members..The abuse of minors refers to the behavior of people who have a specific relationship with minors who harm the physical and mental health of minors.The regulations toward abuse of minors in criminal law are the crime of abuse,the crime of abusing person under guardianship and caregiver and intentional injury.Through the statistical analysis of criminal cases of child abuse,it is found that these cases are mainly manifested in three types:abuse by family members,abuse by non-family members with custody and care responsibilities and abuse by teachers.When the perpetrators of maltreatment of minors are investigated for criminal responsibility,there are some problems in the application of criminal law,such as improper application of charges,the neglect of accessory offenders in omission,and the neglect of the application of punishment prohibited by employment.The reason is often that the definition of identity crime of abuse,abuse of guardianship,caretaker crime is vague,the neglect of the obligation of parents to protect minors from illegal infringement,and the application standard of "prohibition of employment"system are not clear.Therefore,it is necessary to accurately define the appropriate subject of the crime of maltreatment,the crime of abusing person under guardianship and caregiver.The definition of family members for the crime of abuse should be expanded,including those with relatives and blood relationships,as well as dependents based on adoption and stepparenting relationships.It also includes housekeepers,nannies and the "husband or wife" forming a de facto marital relationship by cohabitation.The crime of abusing person under guardianship and caregiver is a selective crime.In judicial practice,only one of them can be applied to the crime of abusing person under guardianship and the crime of abusing person under caregiver.The key to the distinction between guardianship duties and nursing duties lies in whether there is an explicit act of entrusting others to guardianship by the guardian.When children are illegally infringed by others,parents have the obligation to prevent criminal acts.In the case of abuse of minors by family members,the victim’s father or mother does not prevent the perpetrator from committing abuse,which can constitute an accomplice of inaction.When the court decides to apply the employment prohibition system,it should strengthen the social investigation of the criminal subject who commits the abuse of minors,and measure his/hers social danger and the possibility of recidivism from multiple angles.The life of law lies in practice,and the correct application of the crime of maltreatment is conducive to the effective play of criminal law to punish the crime of maltreatment of minors,and to protect the function of human rights.