关键词: 未成年人, 监护权, 亲告罪, 资格刑

Abstract:  The regulations of related crimes about minors’ guardianship in China’s Criminal Law are limited. It is mainly reflected in maltreatment, abandonment and a few other charges, which is unable to meet the current requirements of human rights protection for minors. The legislation on the guardianship of minors in Philippine criminal law is wider. In addition to maltreatment and abandonment, the guardian’ abuse of custody, the serious misconduct and the sexual crimes by the guardian are all recognized as crimes. Meanwhile, the unsuitable guardians will be deprived of custody according to the criminal code. China should learn from the existing legislation of the Philippine. On the one hand, we should increase the scope of criminal conducts; on the other hand, it is necessary to add the deprivation of guardianship in criminal law.

Key words: minors, guardianship, crime handled only with complaint, qualification penalty