Criminal Regulations on Child Abuse in China

DOI

10.2991/assehr.k.211220.134How to use a DOI?

Keywords

child abuse; the necessity of conviction; the crime of intentional harm; the principle of priority of formal interpretation

Abstract

The abuse of children under the age of 14 by non-family members is a vacuum zone in the current criminal law. From the perspective of harmful consequences and social impact, even child abuse committed by non-family members is necessary to be criminalized. In the choice of the path of conviction, the new crime of child abuse and the expansion of the subject of the crime of abuse do not meet the requirements of the principles of criminal law. Based on the principle of limited formal interpretation, child abuse should be regulated through the crime of intentional injury, and through judicial interpretations, it is determined that child abuse does not have to follow the “minor injury” standard, and mental injury is also included.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Yue Cui
PY  - 2021
DA  - 2021/12/24
TI  - Criminal Regulations on Child Abuse in China
BT  - Proceedings of the 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021)
PB  - Atlantis Press
SP  - 782
EP  - 786
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211220.134
DO  - 10.2991/assehr.k.211220.134
ID  - Cui2021
ER  -