A Study on Criminal Law 286 from Child Abuse Case

• Main Authors: CHEN, PIN-YU, 陳品妤
• Other Authors: ZENG, SHIU-YU
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/74779941132688511278

碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === In regard to domestic violence, child abuse is a serious social problem. This study aimed at probing into the legislation of child protection in the Criminal Law and how to implement. This study discuss about the comparing legislation of child protection and with other countries’, and the problems which child testifying may face, and examination about Taiwan’s legislation and giving some advices. The Convention on the Rights of the Child to begin with, child and adult has the same rights, including the rights of keeping away from neglect and abuse. Under this thinking, this study discuss mainly about Criminal Law 286, and the relation between this article and others, and comparing with Japan, Germany, America, China. Also, this study discuss about the position of child in the proceeding (including plaintiff, witness). For example, it is difficult that testifying on the court for child. Therefore, it is a question that the standard of the admissibility of the evidence should be adjusted. These issues show characteristic: the particularity of child witness, and the necessity of the appraisal in the court. We expect the problem above-mentioned can be revised soon, so that child protection can be implemented in all aspects.