Abstract: The regulations of the guardianship of minors in our criminal law are limited, which is unable to meet the current human rights protection of the minors. The misconduct of the guardianship can cause serious social harm, which is to be regulated by the criminal law. It is necessary to improve the existing articles based on the precedent regulations abroad. There is a need to expand the scope of the body of maltreatment, and change the "family member" to "the person who has a responsibility to protect". Also we should consider the behavior of abusing, the serious misconduct guardianship by the guardian, as well as the sexual abusing based on their identity by the guardian as a crime. Meanwhile, the criminal law should add the eligibility punishment, in order to deprive the offenders'rights to exercise custody who have violated the duty of guardianship.