| In recent years,incidents of violation of children’s rights have been continuously exposed.A considerable portion of these incidents have occurred in the family sector,which has had a very negative impact on children’s growth.Protection of legitimate rights and interests of children in the family is the key to regulate the rights and obligations between parents and children,while the current law provisions on the rights and obligations between parents and children is too scattered,abstract,There are no specific provisions with complete content and clear logic;at the national level,there is no intervention mechanism,which affects the effective protection of minors’ rights and interests.This article will be divided into five parts:The first part defines "children" and "children’s rights " to determine the subject this article wants to protect and the scope of its rights.This article expands the scope of children to minors under the age of 18,meaning that "children" and "underage children" are synonymous;then discusses the need for special protection of children’s rights.The second part introduces the current situation of children’s rights protection in family,reveals problems in China’s judicial practice,and analyzes the causes of problem analysis so as to provide targeted solutions.The third part reviews current legislation on parent-child relations in China,and points out that there are problems such as scattered content,lack of system,backwardness of the concept of legislation,and lack of prevention mechanisms.The fourth study abroad related legislation,analysis of the law in Germany,Britain and other countries between parents and children’s rights to provide experience for us.Finally,some of the recommendations to improve our legislation : establish the basic principles for the protection of children;the laws of marriage in a single set of "parental responsibility" chapter,the system rights and obligations between parents and minor children;and finally,Improve the family dispute resolution mechanism to protect the interests of minor children to the greatest extent. |
