论虐童行为的刑法规制及配套措施
发布时间：2018-07-26 07:14
【摘要】：受以儒家思想为代表的中国传统文化的影响,虐童行为在我国必将长期存在;由于流动人口的增多,儿童活动范围的扩大,虐童行为的发生早已不仅仅局限于家庭成员内部具有广泛性;近几年我国虐童案件也大量增多,案情也逐年严重。同时虐童行为呈现不同类型,包括身体虐待,性虐待,忽视,情感虐待。有家庭成员虐待儿童的行为;也有非家庭成员但对儿童负有责任的人虐待儿童的行为;还有非家庭成员对儿童不负有责任的人虐待儿童的行为。许多法律体系完善的发达国家,实现了虐童行为的法律概念与刑事立法规定之间自然、紧密的衔接,同时刑法调整的虐待儿童行为具有广泛性,为不同类型的虐童行为的犯罪化提供了刑法依据。总体来说,刑法关于虐童行为犯罪化的规定标准较低,并且虐童犯罪基本都属于重罪。我们应当将外国的相关法律和规定吸收到我国的国内法中,借鉴它们的经验,进一步完善我国防治虐童工作的进程。根据我国现行刑法的规定,虐童行为可能涉及的罪名有虐待罪、侮辱罪、寻衅滋事罪以及故意伤害罪。其中虐待罪要求行为主体为家庭成员,因此无法调整非家庭成员虐待儿童的行为;侮辱行为的公开性是侮辱罪的要求,并且侮辱罪只规范侵犯儿童人格权的行为,而不能规制所有虐童行为;故意伤害罪的入罪标准为轻伤害,这就使得虐童行为形成了较高的入刑标准;寻衅滋事罪主要保护的是社会秩序和公共秩序,而虐童行为主要侵犯的是儿童的身体健康。鉴于我国虐童行为刑法规制的现状,应进一步完善我国刑事立法,扩大虐待罪的范围;改亲告为公诉;提高一定的法定刑;增设资格刑,进而全面保护儿童的权益。虽然虐待儿童行为犯罪化是防治虐童行为发生的重要措施,但是它只是治标措施。我国社会应增强对儿童的保护意识,进一步明确保护儿童权利的相关规定,从而更好的防治儿童虐待行为,从根本上消除或控制这类行为发生。真正实现杜绝虐童行为发生的目标需要建立一系列、全方位的配套措施包括法律体系的建立、制度的保障和社会的支持。
[Abstract]:Influenced by the traditional Chinese culture represented by Confucianism, the behavior of child abuse is bound to exist for a long time in China. Due to the increase of the floating population and the expansion of the range of children's activities, the behavior of child abuse has long been not limited to the wide nature of the family members. In recent years, the cases of child abuse in China have also increased in large numbers, and the cases are also serious. At the same time, abuse of child abuse, including physical abuse, sexual abuse, neglect, emotional abuse, behavior of child abuse by family members, abuse of children by non family members but responsible for children, and abuse of children by non family members who are not responsible for children. Many legal systems are perfected. The state has realized the natural and close connection between the legal concept of child abuse and the provisions of criminal legislation. At the same time, the abuse of child abuse by the criminal law has a wide nature, which provides the criminal basis for the crime of child abuse of different types. Crime is basically a felony. We should absorb the relevant laws and regulations of foreign countries into our country's domestic law and learn from their experience to further improve the process of prevention and control of child abuse in our country. According to the provisions of the current criminal law in our country, the crime of abusive child may involve the crime of abuse, insult, provocation and intentional injury. The crime of abuse requires the subject of behavior to be a member of the family, so it is impossible to adjust the behavior of the non family members to abuse children; the openness of the insults is the requirement of insulting the crime, and the insult only regulates the behavior of the child's right of personality, but can not regulate all the behavior of child abuse; the standard of incrimination of the crime of intentional injury is a light injury, which makes the abuse of the child abuse. Children's guilt has formed a higher standard of entry to punishment; the main protection of the crime of provocation is the social order and public order, while the behavior of child abuse mainly infringes on the health of the children. In view of the current situation of the criminal regulation of child abuse in China, we should further improve the criminal legislation of our country, expand the scope of the crime of abuse, and change the relative to public prosecution; Legal punishment, additional qualification punishment, and further protection of the rights and interests of children. Although the crime of child abuse is an important measure to prevent child abuse, it is only a measure of treatment. Our society should strengthen the awareness of the protection of children, further clarify the relevant provisions of the protection of children's rights, so as to better prevent and cure child abuse, It is essential to eliminate or control the occurrence of such behavior. The real realization of the goal of eliminating child abuse needs to set up a series of measures, including the establishment of the legal system, the guarantee of the system and the support of the society.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：2145256
[Abstract]:Influenced by the traditional Chinese culture represented by Confucianism, the behavior of child abuse is bound to exist for a long time in China. Due to the increase of the floating population and the expansion of the range of children's activities, the behavior of child abuse has long been not limited to the wide nature of the family members. In recent years, the cases of child abuse in China have also increased in large numbers, and the cases are also serious. At the same time, abuse of child abuse, including physical abuse, sexual abuse, neglect, emotional abuse, behavior of child abuse by family members, abuse of children by non family members but responsible for children, and abuse of children by non family members who are not responsible for children. Many legal systems are perfected. The state has realized the natural and close connection between the legal concept of child abuse and the provisions of criminal legislation. At the same time, the abuse of child abuse by the criminal law has a wide nature, which provides the criminal basis for the crime of child abuse of different types. Crime is basically a felony. We should absorb the relevant laws and regulations of foreign countries into our country's domestic law and learn from their experience to further improve the process of prevention and control of child abuse in our country. According to the provisions of the current criminal law in our country, the crime of abusive child may involve the crime of abuse, insult, provocation and intentional injury. The crime of abuse requires the subject of behavior to be a member of the family, so it is impossible to adjust the behavior of the non family members to abuse children; the openness of the insults is the requirement of insulting the crime, and the insult only regulates the behavior of the child's right of personality, but can not regulate all the behavior of child abuse; the standard of incrimination of the crime of intentional injury is a light injury, which makes the abuse of the child abuse. Children's guilt has formed a higher standard of entry to punishment; the main protection of the crime of provocation is the social order and public order, while the behavior of child abuse mainly infringes on the health of the children. In view of the current situation of the criminal regulation of child abuse in China, we should further improve the criminal legislation of our country, expand the scope of the crime of abuse, and change the relative to public prosecution; Legal punishment, additional qualification punishment, and further protection of the rights and interests of children. Although the crime of child abuse is an important measure to prevent child abuse, it is only a measure of treatment. Our society should strengthen the awareness of the protection of children, further clarify the relevant provisions of the protection of children's rights, so as to better prevent and cure child abuse, It is essential to eliminate or control the occurrence of such behavior. The real realization of the goal of eliminating child abuse needs to set up a series of measures, including the establishment of the legal system, the guarantee of the system and the support of the society.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
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