Citation

Saegusa T. Rev. Leg. Polit. Sci. 2006; 42(2): 265-277.

Copyright

(Copyright © 2006, Japan Association of Legal and Political Sciences)

DOI

unavailable

PMID

unavailable

Abstract

Nearly eleven years have passed since 1995 when the phrase, Child Abuse, started to attract people's attention in mass media. In the meantime in 2000 the Child Abuse Prevention Law was enacted and in 2004 the amendments of Child Abuse Prevention Law were enacted to enhance its effectiveness. Such a course of events seems to show, at a glance, the serious attitude of the powers of administration, jurisdiction and legislation in their efforts of preventing child abuse. To tell the truth, however, the effect of the Law has been in disaster. That is to say, the number of reports on child abuse has never been decreased up to today since the Ministry of Health, Labor and Welfare started to total up the reports at the consultation offices for children throughout Japan in 1990. When we think of such a situation of child abuse, it seems to be necessary to review and reform the Law which is supposed to cope with and decrease the cases of child abuse most effectively. In this paper I will discuss about what the Child Abuse Prevention Law should be, going back to its basic concept, focusing on the amended points of the Law of 2004. I will talk about the importance of improving and reinforcing the criminal aspect of the Law in order to liberate children from abuse at the earliest possible stage and also promote the welfare aspect and the educational aspect of the Law to function more effectively. The specific items are as follows: I. Introduction II. Study of the amended Child Abuse Prevention Law III. Prevention and deterrence of child abuse by punishment IV. Utilization of criminal regulations to prevent child abuse V. Conclusion