未成年人处于弱势地位,理应给予其特殊保护。为解决受虐未成年人保护力度不足这一现实困境,本次刑法修正案(九)第十九条增设了虐待被监护、看护人罪。增设本罪对规制实践中日益严重的教师虐童等行为具有现实意义,有利于保护受虐未成年人的合法权益。为充分发挥本罪的刑法功能,应当从行为主体和“情节恶劣”两个方面进行严格认定。要对家庭成员作出合理界定,明确第十九条的主体范围。同时,要综合考量主观要素和客观要素,对本罪“情节恶劣”加以认定。 Minors are in a weaker position and deserve special protection. In order to solve the practical difficulties of the protection of the battered minors, Article 19 of this amendment to the Criminal Law (9) adds the crime of abuse and guardianship and guardianship. The addition of this crime has practical significance to the increasingly serious teacher abuse of children and other behaviors in the regulation practice, which is beneficial to the protection of the legitimate rights and interests of the abused minors. In order to give full play to the criminal law function of this crime, it should be strictly determined from two aspects: the main body of conduct and the “bad plot”. To make a reasonable definition of family members, a clear scope of the main body of Article XIX. At the same time, it is necessary to consider subjective elements and objective elements comprehensively and affirm the crime of “bad plot”.