Criminal Liability for Guardianship Negligence: Legal Gaps and Reforms in the Protection of Minors

Abstract

The absence of criminal liability for guardianship negligence in China's legal framework has created a structural dilemma: while civil and administrative remedies prove insufficient in deterring gross negligence, criminal intervention encounters value conflicts between "parental ethics" and "state parental rights". Comparative analysis of extraterritorial legislation reveals distinct approaches - civil law jurisdictions establish refined offense systems centered on "infringement of legal interests", whereas common law systems employ an "administrative preemption with risk prevention" mechanism for timely intervention. To address this, China should adopt a dual-path strategy integrating "legal interest protection" and "risk governance", proposing amendments to the Criminal Law through provisions like "negligent guardianship" and establishing a tiered liability system characterized by "categorized misconduct + graduated sanctions". Concurrent improvements should encompass judicial guidelines, administrative early-warning mechanisms, and social support networks, ultimately forming a collaborative governance framework featuring "targeted intervention - corrective adjustments - technological safeguards".