设立“虐待儿童罪”探析

Analysis of Setting up the Crime of Child Abuse

处于特殊身心发育阶段的儿童,应当成为法律重点保护的对象;设立虐待儿童罪,可有效加强对儿童人身权利的全面保护。虐待儿童罪保护的客体是儿童的身心健康,犯罪主体可以设定为除亲生父母外的一般人,客观方面表现为虐待儿童情节恶劣,主观方面表现为故意。

Because of children＇s specific growth of mind and body, they should be protected heavily by law. To set up the crime of child abuse could enhance the comprehensive protection to children＇s rights of the person effectively. The object of crime of child abuse is health of mind and body with children, and the subject of the crime could set as everyman but except biological parents. The objective aspect of the crime is child abuse and the circumstances are wicked, and the subjective aspect of the crime is subject intent.