刑法增设虐童罪的必要性思考

On the Crime of Abuse Added to Criminal Law

近年来,我国屡屡出现严重的虐待儿童事件,严重伤害儿童的身心健康,甚至威胁到儿童的生命。然而,对于虐童的实施主体在刑法上却找不到准确的依据对其处罚。浙江温岭幼儿教师虐童事件曝光之后,司法机关以寻衅滋事罪对其采取强制措施,就暴露出立法空白导致的司法尴尬处境。因此,刑法应尽快增设虐童罪,以期预防和打击此类伤害事件的发生。

In recent years, children abuse happened frequently in our country, bringing great serious harm to children＇s physical and mental health, and some even threaten the lives of children. However, For the child abuse implementation subject any accurate basis for the punish ment can＇t implement according to the criminal law. After Zhejiang Wenling kindergarten teacher＇s child abuse＇s exposure, the judicial organ took coercive measures to her only for the defiance and affray crime ,it reveals that it is the legislative blank causing judicial dilemma. Therefore the author appeals that criminal law should add the crime of abuse in order to prevent and strike such injury occurrences, At the same time the per fection of criminal law legislative can lax drawbacks.