教师虐童涉罪行为的刑法分析

Analysis of the Criminal Behavior of Abusing Child from Criminal Law

教师虐童案件频发,对其中构成犯罪的行为是以寻衅滋事罪还是以虐待罪处罚在学界存在争议。司法实践中多认定为寻衅滋事罪,但是这并不合适。从长远考虑,应当适当扩大虐待罪主体范围,将虐童情节作为该罪告诉才处理原则的例外,据此以虐待罪规制教师虐童犯罪,以保护未成年人合法权益。

The cases of teacher＇s abusing child often happened,and it is a dispute in academic world that how to punish this kind of crime as crime of picking quarrels and provoking troubles or crime of abusing.In judiciary practice,it is often regarded as crime of picking quarrels and provoking troubles but it is not suitable.From long consideration,the subject of crime of abusing should be expanded,and put the condition of abusing child as the exception of no trial without complaint,so as to regulate the crime of teacher＇s abusing child according to it and protect the uveniles,legal rights and interests.