论未成年人监护权刑法保障之完善

中国刑法对未成年人监护权的规定较为薄弱,有失于对未成年人权益的充分保障。监护不当的行为具有严重的社会危害性,有必要用刑法加以规制。在借鉴国外现有立法的基础上,对中国未成年人监护权的刑事法律进行完善势在必行。刑法应扩大虐待罪的主体范围,将"家庭成员"修改为"具有监护责任者";将监护人之滥用监护、失职监护及基于监护权的性侵行为认定为犯罪;同时在刑法中增加资格刑的规定,以剥夺不适格监护人行使监护权的资格。

The Perfection of the Guardianship of Minors in Criminal Law

The regulations of the guardianship of minors in our criminal law are limited, which is unable to meet the current human rights protection of the minors. The misconduct of the guardianship can cause serious social harm, which is to be regulated by the criminal law. It is necessary to improve the existing articles based on the precedent regulations abroad. There is a need to expand the scope of the body of maltreatment, and change the "family member" to "the person who has a responsibility to protect". Also we should consider the behavior of abusing, the serious misconduct guardianship by the guardian, as well as the sexual abusing based on their identity by the guardian as a crime. Meanwhile, the criminal law should add the eligibility punishment, in order to deprive the offenders'rights to exercise custody who have violated the duty of guardianship.