Research On Children's Right To Life And Its Legal Protection

Children's right to life is based on living rights and abundant material conditions.The cultural life is the aim of Children's right to life which should be respected and protected by nation.Children's right to life consists of lots of things including:the right to live,the right for a high standard of health,the right for proper standard of living,the right to be raised,the right for a legal identity and the right for a security living environment.Compared with the common right to life,the connotation for Children's right to life have four characteristics:It can be developed;the subject of the right is special;the realization of the right is dependency and the right is easy to be violated.In fact,the nature of Children's right to life is a transition from the right due to the right in reality.The institutional guarantee for Children's right to life is reflected in families' custody,society's management and nation's security.The ultimate guarantee is the judicial Relief to this right,which could be realized by civil litigation,administrative litigation and constitution litigation.It exists some drawbacks in our legal system to protect Children's right to life.The interpositon of law clauses in legislation makes Children protecting laws over principled and formalized.We lack the procedure laws which could protect Children's right to life,as well as the laws to relieve living right.For law enforcement,infringement in Children's right to life is not rare since law enforcement is not strict and professional enough.For judicial,when infringement in Children's right to life is implemented by nation,the sufferer can not find the way for relief since there exists no constitution legislation in China.For civil litigation,it is not easy to find legal basis for Children's right to life protection,because the nature of this right is not explicit.As for administrative litigation.Although we can find related legal basis, it is just one-sided and unitary. Besides,we have no clauses to protect children as a special subject in legislation.All of these are bad for children's administrative litigation.To complete the legal system of Children's right to life,I give some advises not only theoretically but also practically.First of all,we should set up scientific view on children.Make Children's right protection a principle range from legislation,law enforcement to judicature. Second,We are supposed to complete the legislation,law enforcement and judicature of children's right to life in the current legal framework.As for legislation,the legal concept of children's right to life should bedefined.The responsibility to put to the proof and the standard of proof should be materialized to push the improvement of custody legislation.As for law enforcement,I suggest that some organizations should be set to supervise children related actions of enterprises and governments.We should also specify the responsibilities of each administrative law enforcement agency. As for judicature,it is suggested the we can set special judicial procedures for children items.Specific guidelines should be set for those items by courts to standard the behavior of both subject of the legislation and courts.Last,the independent representative should be admitted to maintain the dependency and completeness of children's legal status.