儿童人身权利的刑法保护研究

Research on Criminal Law Protection of Children's Rights

儿童是国家发展和成长的主力军,是独立的个体,理应享有儿童应有的一切权利。我国历来重视完善儿童权利,但总体而言,儿童人身权利的保护水平还有待提高,比如刑法中有关未成年人概念不规范的现象,刑法分则中性侵儿童犯罪、拐卖儿童犯罪、虐待罪、遗弃罪、组织儿童乞讨罪等罪名中定罪、量刑方面存在许多问题和不足,本着"最高限度保护"、"最低限度容忍"之指导精神,改进儿童保护之刑事立法,才是有效惩治和防范各类侵害儿童人身权利犯罪行为的长远之计。

Children are the main force in the development and growth of a nation and are an independent entity. They should enjoy all the fights that children should have. China has always attached importance to the rights of children, but in general, the protection of children＇ s fights remains to be improved. By taking infringed children as research objects, the paper analyzes the concept of non-standard phenomenon relating to minors in criminal law and the problems and shortcomings of conviction and sentencing about sexual assault of children, child trafficking crime, maltreatment, abandonment crime and organized child begging crime in the specific provisions of criminal law, and proposes purposeful amendments to enable children to have more effective criminal law protection.