国外对虐待儿童的犯罪主体规制的原因经历了从个体特质到社会结构的演化,确立了从犯罪人中心主义到儿童利益最大化原则的刑事政策转向。就我国当前的实际而言,虐待儿童的犯罪主体规制总体上应将个人原因与社会原因结合、惩罚犯罪人与实现儿童利益最大化结合,但针对家庭式虐待与机构式、社会式虐待的不同,对前者的规制应凸显社会结构的整体优化,而对后两者的规制应加大对犯罪人的惩罚力度。 The overseas regulation of the criminal subject of child abuse has gone through the evolution from individual characteristics to social structure, and established the criminal policy shift from perpetrator centrism to the maximization of children’s interests. As far as the current reality of our country is concerned, the criminal subject regulation of child abuse should, in general, combine personal reasons with social causes and punish the perpetrators for maximizing the interests of children. However, in view of the differences between family abuse and institutional and social abuse The regulation of the former should highlight the overall optimization of social structure, while the regulation of the latter two should increase the punishment of criminals.