父母惩戒未成年子女之罪与非罪的界限研究

On the Boundary of Crime and Non-crime of Punishiment Power of Parents

我国法律没有父母惩戒权的明确规定,但从父母对未成年人保护、教育责任的有关法律规定来看,蕴涵了惩戒权的内容。父母子女之间身份的特殊性及权利义务的法定性,决定了在家庭教育中,父母对子女应拥有必要、合理限度的惩戒权,合理、必要限度的惩戒权是具有社会相当性的行为,阻却违法性。相反,惩戒行为对未成年人身心造成严重伤害,并符合犯罪特征和具体犯罪构成要件的,则构成犯罪,追究刑事责任。

There isn＇t any clear definition of punishment power of parents in chinese laws, but the related legal regulations about the protection and education responsibility of the minor children have contained the contents of punishmet power of parents. Because of the special relationship and leagal rights and duties between parents and childern, parents ought to have reasonable and necessary punishment on the children in the process of family education. The reasonable punishiment with limits of necessity is an action with social due, impeding the illegality. On the other hand, if the punishmnet hurts the minor children badly in both body and mind, and has the characteristics of crimes or constitutive elements of crimes, it should be regarded as crime and has to take criminal resposibilities