The Creation of a "Crime of Child Abuse" Criminal Law of China
|School||East China University of Political Science|
|Keywords||child abuse crime provision design of crime constitution abuse behavior|
Recent Zhejiang kidergarden staff abuse child event caused acountry-wide discussion about the topic that criminal law should add the"child abuse crime".From a legal perspective,there are many loopholesin the legislation of child abuse prevention and control in our country.Based on the status of child abuse in our country, the author thinks thatthat the "child abuse crime "shall be added in the criminal law provisionsin order to fundamentally solve the problem.Due to the particularity of children as the main part of the crime,through the judicial way of legislating child abuse as a crime is notfeasible.Setting up the"child abuse" crime separately in Chinese criminallaw, dose not only have solid public opinion foundation and operabilityof judicial practice, but also conforms to the trend of world developmentand the perfection of our country’s criminal law system. Thus the authorthinks that, only by adding the "child abuse crime" alone can the abusedchildren’s rights and interests be protected earnestly.The crime subject of " child abuse crime" is general subjects; Thecrime object should be a child’s personal and democratic rights;Subjective aspect should be direct and indirect intent; Objective aspectshould be the adopted child abuse behavior,the damage of children’s health,survival, growth, development and the actual or potential harm of self-esteem, etc.