The Legal Protection Of The Right To Life And Health:a Case Study Of Child Abuse In Guizhou

Since ancient times, care for the young that is the traditional Chinese virtues, this virtue has been extended to today, we have to identify and develop with the law. Minors are a major creative force in China’s future, is to achieve the great rejuvenation of the emerging powers, therefore, to protect the rights of minors and freedom from unlawful infringement is particularly important. Throughout the world, almost all countries have enacted laws and regulations to protect the rights of minors against illegal encroachment, especially minors the right to life, the right to life is because minors can live in a world of minimum. Our country’s "constitution". "Criminal Law", "Civil Law". "Law on the Protection of Minors". "Marriage" and other relevant provisions of the law have the right to protect the healthy growth of minors, the purpose is to ensure that the rights of minors against illegal infringement. However, a variety of ways to get information from the current point of view, the protection of minors, and the right to life is not too optimistic.I mainly from the domestic abuse cases in guizhou, first expounds the content and handle the case results; Second, abuse cases in guizhou adjudicate cases of the existing problems and continuous analyzed over a period of five years; Finally, on the basis of the analysis of these problems, this paper expounds the consummation countermeasure, to find a way the law to protect the rights of life and health of minors, the purpose is to prevent and reduce the appearance of illegal cases involving violation of life and health of minors. The article consists of four parts of the following components:The first chapter is the introduction, mainly introduces the research purpose and research methods.The second chapter is the introduction of child abuse by the Guizhou. This chapter describes the Guizhou child abuse cases and judicial processing results, thus illustrates the survival rights of minors suffered family abuse.The third chapter is an analysis of the problems of child abuse by the Guizhou, mainly from three aspects is analyzed:The first is improper in accordance with applicable law, criminal law and other laws and regulations, the main problems will be applicable from case analysis; followed guardianship system is imperfect, the law introduces the guardianship system, and the lack of appropriate monitoring system monitoring and intervention mechanism resulting in case the existence of a 5-year period; the last is the lack of legal awareness of citizens, mainly analyzed from two legal subjects were adult citizens and young people themselves, the two main consequences of this lack of legal awareness of the people to bring the abuser to continue abuse abused people, the right to life should not be abused to protect human health.The fourth chapter is countermeasures to improve the life and health of minors protection, first, modify the elaboration related legal content, guarantee the correctness of the abuse cases applicable law; Second, establishing the system of mandatory reporting, strengthen the supervision of guardianship system; Third, the establishment of national guardianship system, and ensure timely intervention for guardianship system; Fourth, the establishment of the public relief system, give play to the social from all walks of life force guarantee the minor’s life and health; Fifth, strengthen the citizens’legal consciousness, to prevent minors from the source of life and health by family.