On Legal Protection Of Children’s Rights In China

Children are the future of the country and the hope of the nation.To a certain extent,their development determines the future and destiny of the country.Childhood has an important influence on children’s future life and is the most important period for the development of their life.Due to psychological and physiological characteristics,children are vulnerable in society.Relative to adults,children are vulnerable and require special protection.With an increasingly complicated social relationship,they are likely to become the targets of various assaults and attacks.They require the special protection of the law.The improvement of the legal protection of children’s rights is the necessary requirement for the healthy and happy growth of children.It is also the inevitable requirement of the process of the rule of law in China.Understanding of the rights of children,we should have a certain understanding of rights and human rights,and fully consider the characteristics and practical needs of children.The Convention on the Rights of the Child stipulates four basic rights: the right to life,the right to being protected,the right to development and the right to participation.It is actually the empowerment of children,legal recognition of children’s rights.The constitution of our country has not been prescribed in the special section on setting the basic rights of children,but children’s right to education,the right to all-round development,the protection of the state and the right to custody,and the prohibition of child abuse are regulated.In addition,Juvenile Protection Law in our country clearly stipulates the rights of minors,such as the right to life,the right to being protected,the right to development,the right to participation,and so on.The legal protection of the rights of children,on the one hand,requires countries according to the particularity of children’s physical and mental development.The rights of children are determined in the form of laws and regulations,so that the protection of children’s rights can be protected in law;On the other hand,the subjects of protection of the rights of children,such as the society,the government,the school and the family,should strictly enforce the laws to ensure the realization of the rights of children.Since China’saccession to the Convention on the Rights of the Child,great progress has been made in the law on the protection of children’s rights.China has successively enacted a series of laws on the protection of children’s rights and the legal protection of children’s rights is gradually being improved.However,there are still some problems to be solved in the legal protection of children’s rights in China.Child abuse incidents in 2017,such as in Ctrip parent-child kindergarten and red and yellow blue kindergarten,have rounded the alarm for the society of our country.The problems in the legal protection of the rights of children in China have been exposed.Except for the introduction and the conclusion,this paper is composed of three parts.The first part systematically analyzed the basic theory of children’s rights.Firstly,the definition of children,the meaning and characteristics of children’s rights were expounded.Secondly,the main content of children’s rights were introduced.The children’s rights can be integrated into four basic rights according to the Convention on the Rights of the Child: the right to life,the right to being protected,the right to development and the right to participation.In addition,children’s rights under special conditions such as wars and disasters were also introduced.As far as China is concerned,the contents of the protection of the rights of the stray children and the left behind children in the countryside are introduced.Finally,the principle of children’s rights protection were described,including the principle of the best interests of children,the principle of non-discrimination,respect for the rights and opinions of children and the principle of multiple liability.The second part analyzed the status and reasons of legal protection of children’s rights in our country.Firstly,the achievements of legal protection of children’s rights in China were presented,including the implementation of the Convention on the Rights of the Child and the initial formation of the legal system of children’s rights protection in China.Secondly,the existing problems of legal protection of children’s rights in China at present were analyzed.The left behind children’s right to life was not effectively guaranteed;children’s right to development was not well guaranteed;some children’s personal right was infringed and children’s right to participation was limited.Finally,the reasons of the existing problems on the protection of children’s rights in China were analyzed.The subject status of children’srights was unclear and the legal system of children’s rights protection was not perfect;a unified administrative agency for the protection of children’s rights is lacking and It is not enough for judicial authorities to punish violations of children’s rights.The third part put forward countermeasures to improve China’s legal protection of children’s rights.The countermeasures were described in three parts.First,the subject status of children’s rights should be respected.By clarifying the principle of children’s best interests to enhance the concept of children’s rights protection.The Australian Family Law Act can be learned from to move the focus of legislation from “parental standard” to “children’s standard”.Second,China should robust the legal system of children’s rights protection,strengthen administrative protection and improve the juvenile justice system.Finally,the legal system of children’s rights protection can be improved by strengthening the supporting system construction of children’s rights protection,mainly including the following two aspects:the construction of a mandatory reporting system and the improvement of the minor custody system of China.Some foreign legal systems of children’s rights protection were also introduced to provide experience for the improvement of China’s legal protection of children’s rights.