| The right to child welfare is a basic right of children and a very important right in the children’s human rights system,and their protection is an important indicator to measure the human rights of children.In the context of the rule of law in my country,the protection of children’s welfare rights should be raised to the height of the national strategy,and Japan has a sound system for the protection of children’s welfare rights.Therefore,it is of great practical and strategic significance for my country to build on and improve the protection system for children’s welfare rights based on my country’s national conditions,drawing on relevant Japanese experience.The first chapter is mainly about the concept and nature of Chinese and Japanese children’s welfare rights.China’s child welfare is currently a "fill-in-place" child welfare,with a strong administrative color,while Japan is a "general-inclusive" child welfare,which implements professional management.This has led to differences in the extension of the concept of child welfare.At the same time,the differences in the concept and nature of child welfare in the two countries also have an important impact on the concept and nature of child welfare rights in the two countries,resulting in differences in the nature,scope of protection,and content of rights of child welfare rights in the two countries.The second chapter focuses on the current situation of the protection of children’s welfare rights in both countries,and analyzes the problems in the protection of children’s welfare rights in both countries.The protection of children’s welfare rights in China is mainly due to the lack of special national legislation,management by special child welfare management agencies,and insufficient protection of child welfare facilities.The main problems are the lack of specific implementation regulations of relevant laws and regulations,the lack of relevant mechanisms for the protection of child welfare rights,and the large gap between the setting and demand of child welfare facilities.Japan’s child welfare rights protection laws and regulations are relatively complete,there are special child welfare management institutions,and child welfare facilities are relatively perfect.The main problems are that there are certain deficiencies in the operation system of child welfare institutions and the lack of multi-department cooperation in the protection of child welfare rights.The third chapter mainly analyzes the causes of the protection of the welfare rights of children in both countries.Because the two countries have differences in social,economic,and cultural traditions,the causes of the problems in the two countries must be different.The main reasons for China are the relatively backward awareness of the protection of children’s welfare rights in the whole society,the mismatch between the protection and development of children’s welfare rights and economic development,and the differences in urban and rural development that have led to an uneven supply of urban and rural welfare.In Japan,welfare expenditures continue to be reduced,the "nuclear family" causes frequent childcare problems,and female childcare pressures lead to frequent child welfare events.The fourth chapter is mainly based on Japan’s relevant experience,from a comparative perspective,to propose perfect measures for the existing problems of the protection of children’s welfare in China.The main purpose is to establish a systematic protection system for children’s welfare rights,such as perfecting mandatory reporting system,establishing temporary protection system,household survey system and guardian assistance system.At the same time,it will improve the construction of relevant protection responsibility subjects,that is,establish a special child welfare management institution,strengthen the construction of the operation mechanism of the responsibility subject and build a multi-department linkage long-term mechanism.In the end,in order to build a large pattern of protection of children’s welfare rights,it is also necessary to widely mobilize social forces to participate in protection,vigorously build and improve children’s welfare facilities,promote the transformation and upgrading of the concept of protection of children’s welfare rights,and accelerate the construction of a large environment for the protection of children’s welfare rights. |
