最近几年,虐待儿童事件呈现频发之势,由于刑法的漏洞,司法机关也无法作为。我国现行刑法关于虐待罪的规定难以有效保护儿童的权利,有必要对司法救济新途径进行探讨。本文尝试从非家庭成员虐待与家庭成员虐待两方面阐述现行司法机关的“无能为力”并从扩大虐待罪的主体和增设虐待儿童罪两条途径进行探索。 In recent years, there have been frequent abuse of children. Due to the loopholes in the criminal law, the judiciary can not do anything about it. The existing criminal law provisions on maltreatment in our country are difficult to effectively protect the rights of children and it is necessary to explore new ways of judicial relief. This article attempts to elaborate on the “incompetence” of the current judicial organs from both non-family member abuse and abuse of family members and to explore ways to expand the body of abuse crime and increase the crime of child abuse.