論虐童行為的刑法規(guī)制及配套措施
發(fā)布時(shí)間：2018-07-26 07:14
【摘要】：受以儒家思想為代表的中國傳統(tǒng)文化的影響,虐童行為在我國必將長期存在;由于流動(dòng)人口的增多,兒童活動(dòng)范圍的擴(kuò)大,虐童行為的發(fā)生早已不僅僅局限于家庭成員內(nèi)部具有廣泛性;近幾年我國虐童案件也大量增多,案情也逐年嚴(yán)重。同時(shí)虐童行為呈現(xiàn)不同類型,包括身體虐待,性虐待,忽視,情感虐待。有家庭成員虐待兒童的行為;也有非家庭成員但對兒童負(fù)有責(zé)任的人虐待兒童的行為;還有非家庭成員對兒童不負(fù)有責(zé)任的人虐待兒童的行為。許多法律體系完善的發(fā)達(dá)國家,實(shí)現(xiàn)了虐童行為的法律概念與刑事立法規(guī)定之間自然、緊密的銜接,同時(shí)刑法調(diào)整的虐待兒童行為具有廣泛性,為不同類型的虐童行為的犯罪化提供了刑法依據(jù)。總體來說,刑法關(guān)于虐童行為犯罪化的規(guī)定標(biāo)準(zhǔn)較低,并且虐童犯罪基本都屬于重罪。我們應(yīng)當(dāng)將外國的相關(guān)法律和規(guī)定吸收到我國的國內(nèi)法中,借鑒它們的經(jīng)驗(yàn),進(jìn)一步完善我國防治虐童工作的進(jìn)程。根據(jù)我國現(xiàn)行刑法的規(guī)定,虐童行為可能涉及的罪名有虐待罪、侮辱罪、尋釁滋事罪以及故意傷害罪。其中虐待罪要求行為主體為家庭成員,因此無法調(diào)整非家庭成員虐待兒童的行為;侮辱行為的公開性是侮辱罪的要求,并且侮辱罪只規(guī)范侵犯兒童人格權(quán)的行為,而不能規(guī)制所有虐童行為;故意傷害罪的入罪標(biāo)準(zhǔn)為輕傷害,這就使得虐童行為形成了較高的入刑標(biāo)準(zhǔn);尋釁滋事罪主要保護(hù)的是社會(huì)秩序和公共秩序,而虐童行為主要侵犯的是兒童的身體健康。鑒于我國虐童行為刑法規(guī)制的現(xiàn)狀,應(yīng)進(jìn)一步完善我國刑事立法,擴(kuò)大虐待罪的范圍;改親告為公訴;提高一定的法定刑;增設(shè)資格刑,進(jìn)而全面保護(hù)兒童的權(quán)益。雖然虐待兒童行為犯罪化是防治虐童行為發(fā)生的重要措施,但是它只是治標(biāo)措施。我國社會(huì)應(yīng)增強(qiáng)對兒童的保護(hù)意識(shí),進(jìn)一步明確保護(hù)兒童權(quán)利的相關(guān)規(guī)定,從而更好的防治兒童虐待行為,從根本上消除或控制這類行為發(fā)生。真正實(shí)現(xiàn)杜絕虐童行為發(fā)生的目標(biāo)需要建立一系列、全方位的配套措施包括法律體系的建立、制度的保障和社會(huì)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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：D924.3
本文編號(hào)：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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2015
【分類號(hào)】：D924.3
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