教师虐童案件频发,对其中构成犯罪的行为是以寻衅滋事罪还是以虐待罪处罚在学界存在争议。司法实践中多认定为寻衅滋事罪,但是这并不合适。从长远考虑,应当适当扩大虐待罪主体范围,将虐童情节作为该罪告诉才处理原则的例外,据此以虐待罪规制教师虐童犯罪,以保护未成年人合法权益。 Teacher abuse cases of children are frequent, there is a controversy in the academic circles about whether the crime that constitutes a crime is a crime of provocation or misconduct. Judicial practice and more identified as trouble crime, but this is not appropriate. In the long term, we should appropriately expand the scope of abuse of the main body, the abuse of children’s plot as an exception to the principle of telling off the crime, thus abusing crimes to regulate teachers’ abuses of child abuse in order to protect the legitimate rights and interests of minors.