| Summary: | 碩士 === 東吳大學 === 法律學系 === 107 === Child abuse means to treat children in a cruel or violent way. Child abuse that World Health Organization definite is the abuse and neglect that occurs to children under 18 years of age. It includes all types of physical and/or emotional ill-treatment, sexual abuse, neglect, negligence and commercial or other exploitation, which results in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power. Exposure to intimate partner violence is also sometimes included as a form of child maltreatment.
In regard to domestic violence, child abuse is a serious social problem. This research is based on the analysis of child abuse behavior and attempts to construct the criminal law responsibility of child abuse behavior. In addition, Article 286 of the Criminal Code is regarded as a punishment for child abuse. On May 10,2019, Child abusers will face harsher penalties than ever before, including potential life sentences for the death of a child as a result of the abuse, after a Criminal Code amendment was passed by the Legislative Yuan. The amended law also includes the definition of abuse, which refers to someone who harms another in any way that is “violent or inhumane.” This article intends to analyze the legislative evolution of Article 286 of the Criminal Code.
A special duty also exists between parents and their child, and an omission of a parent to save their young child from drowning would result in criminal liability. It’s also a special behavioral model for child abuse behavior, this article intends to discuss the position of the guarantor of the parents, and the criminal responsibility of the act of committing child abuse，and to make an analysis of a judgment.
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