虐童行为的类型分析及刑法规制

The Classification Analysis and Criminal Law Regulation of Child Abuse

鉴于虐童行为的复杂性,对虐童行为有必要从伤害的类型和侵害主体与被虐儿童的关系的不同视角进行类型分析。在现行刑法的规定面前,对幼师之类非家庭成员虐童但危害结果未达到轻伤害以上的行为,按寻衅滋事罪或侮辱罪定罪处罚都存在解释上难以跨越的障碍,只能按无罪处理。通过立法修改将幼师之类的情节严重的虐童行为入罪化确有必要。针对我国现行刑法对虐童行为规制存在的不足,借鉴域外立法经验,有必要单独增设虐待儿童罪。

perspective of In view of the complexity of child abuse, it is necessary to conduct classification analysis from the damage types and relationship between injurer and abused children. According to the current provisions of the criminal law, for the behavior of child abuse conducted by kindergarten teachers instead of family members and the harm does not reach the standard of light injury, it is sentenced not guilty, because it is difficult to explain the conviction on the basis of crime of picking quarrels and provoking troubles and crime of insulting others. It is necessary to criminalize child abuse in which circumstances are serious through legislation amendment such as kindergarten teachers＂ behavior. Due to the existing problems of regulation of the current criminal law on child abuse in China, it is essential to add and establish independent crime of child abuse by learning the experience of extraterritorial legislation.