台湾地区儿童虐待案件司法干预探析

Analysis on Judicial Intervention of Child Abuse Cases in Taiwan

台湾地区儿童虐待包括对儿童进行的身体虐待、性虐待、精神虐待及忽视。针对儿童虐待案件,台湾地区在立法层面以《儿童及少年福利与权益保护法》及《家庭暴力防治法》为主,制定了一系列对不法行为的规制与惩处措施;地区干预层面,也已建立起相当完善的地区干预防治体系,包括司法干预及行政救援。其中司法干预以民事保护令与刑事程序为主,行政救援则以"内政部"家庭暴力暨性侵害防治中心之案件行政化处理工作为重点。以地区亲权视野,对台湾地区儿童虐待的法律渊源及防治体系进行分析,旨在探寻我国内地儿童权利保护完善之策。

Child abuse in Taiwan refers to physical abuse, sexual abuse, emotion abuse and neglect for children. For children abuse cases, Taiwan has established a set of regulations and disciplinary measures for misconduct at legislative level, which is centered on Child and Youth Welfare and Rights Protection Law and Domestic Violence Prevention Act. As well as at state interference level, Taiwan has established quite perfect state intervention in the prevention and treatment system, including judicial intervention and administrative rescue. The former is centered on civil protection and criminal procedure, while the latter is on administrative processing of cases from Family Violence and Sexual Assault Prevention Center. We will analyze source of law and prevention system of child abuse in Taiwan on basis of parents patria, which is aim to make the policies of children＇s rights inland better.