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当前在我国各地出现了诸多未成年人侵犯未成年人身体健康、人格、名誉等人身权利的恶性案件,身体伤害又未达到轻伤标准,刑法对其的规制只有侮辱罪。通过对我国刑法第246条规定的分析,发现该罪对保护未成年人人格、名誉权存在一定程度的缺失,对施暴的未成年人的教育又存在缺位的问题。基于此,本文以侮辱罪为分析视角,探讨了未成年人的刑法完善问题,针对完善未成年人的刑法保护和约束提出一些构想和建议。
At present, many cases of minors violating the rights and interests of minors, such as the health, personality, reputation and other personal rights of minors, have appeared in various parts of our country. The bodily injury has not met the standard of minor injuries. The criminal law only insults its regulation. Through the analysis of Article 246 of the Criminal Law of our country, it is found that the crime has a certain degree of lack of protection of minors’ personality and reputation, and there is a vacancy in the education of violent minors. Based on this, this article takes the crime of insult as the analysis perspective, explores the problem of perfecting the criminal law of minors and puts forward some ideas and suggestions for perfecting the protection and restraint of the criminal law of minors.