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Research the Qualitative of Child Abuse Behavior

Author: ZhaoMingHui
Tutor: TianPengHui
School: Shenyang Normal
Course: Legal
Keywords: Child abuse Crime of abuse Abuse of the subject
CLC: D924.3
Type: Master's thesis
Year: 2014
Downloads: 2
Quote: 0
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Abstract


Child abuse occurred frequently in recent years. After the media exposure again andagain. Cause the high attention from all walks of life. But in the end is based onadministrative penalty and or the end of the civil compensation. This kind of penalties isapparently not effectively curb the occurrence of child abuse. With the development of socialeconomy and the changing of social structure. Have more contact with children and society.Child abuse subject is constantly expanding. Child abuse subject except the family members.Including teachers, babysitter, neighbor, step-parents, etc. These people is the most the mostintimate contact with children. Crime means more invisible. Results are generally not causeserious crime. Because of this. In the criminal law can’t find a suitable charges to characterizethese behavior. Children’s physical and mental health has been on the verge of danger. Somepeople think that in the current criminal law of intentional injury, Stir-up-trouble crime, Crimeof child molestation charges can be qualitatively the child abuse. And most abuse caused noserious consequences. Therefore, do not need to in to reassess the behavior. But the autherthinks,For those without causing serious consequences but bad child abuse shoulduse criminallaw to regulate.Based on the analysis of three different child abuse cases. Comparison study method,semantic analysis, logical analysis method of law, etc. Implementation of different subjects indifferent environment abuse behavior in criminal law should be how to qualitative. The abusethe identity of the principal particularity is analyzed. At the same time, draw lessons fromforeign law on the crime of abuse and torture of definition of the subject.Clear theconnotation of child abuse.Based on this, advances should expand the body of the abuses.Use torture to qualitative abuse is most appropriate. Child abuse violation is children’sphysical and mental health. The devastation of on children’s physical and psychologicaltorture. Deprived of their equal rights in the common life. Behavior is consistently andcontinuously. Conform to the crime of abuse behavior characteristics. Therefore, the author thinks that the rapid development of the society. Also increasingly highlight the lag of thecriminal law. At present the specific provisions of criminal law abuses of "family members" islimited to has the consanguineous relation, marriage, or adoption. And in a family life. Theconcept is too narrow. Against the abuse of regulation. Should expand the body of the abuses.To cope with a new social situation.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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