Research On The National Obligation To Protect Abused Childre

Children are the future of nations and nations.In recent years,the frequent incidents of child abuse have exposed the shortcomings of our country’s protection of children.Analyzing the current situation and problems of the state’s protection of abused children is the premise of studying how the state can better fulfill its obligation to protect abused children.Therefore,the article analyzes the current situation and existing problems of national protection of abused children,and the experience of foreign countries in protecting abused children,and based on this,improves the path of our country’s fulfillment of the obligation to protect abused children.Excluding the introduction and conclusion,the article is divided into four parts,as follows:The first part is an overview of state obligations for the protection of abused children.In the overview of children’s rights,it first defines the meaning of children,and then sorts out the content of children’s rights,including the right to life,the right to protection,the right to development and the right to participate.In the overview of state obligations,the concept of state obligations is defined,the sources and types of state obligations are explained,and the "law of three" is adopted to divide state obligations into respect obligations,protection obligations,and payment obligations.Through theoretical viewpoints and practical cases,it discusses the basis for the state to fulfill its obligation to protect abused children.In the content part of the state’s fulfillment of the obligation to protect abused children,it analyzes the obligations that the state should undertake in different situations from the aspects of respect,protection,and payment.Finally,the state’s involvement in the family should be subject to certain constraints,so the principle of proportionality should be followed,and the principle of the best interests of the child should also be the starting point in protecting children’s rights.The second part is to analyze the status and problems of the country’s fulfillment of the duty to protect abused children.In terms of existing legislation,the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code"),the Criminal Law of the People’s Republic of China(hereinafter referred to as the "Criminal Law"),and the Law of the People’s Republic of China on the Protection of Minors(hereinafter referred to as the "Minors")The Protection Act)and many other laws deal with the protection of abused children,but they are too scattered and lack specific protection for abused children.The compulsory reporting system plays an important role in preventing children from being abused and helping them in a timely manner.It is necessary to further clarify the responsible subjects and relax the reporting conditions,so that the functions of the compulsory reporting system can be brought into full play.In terms of administrative law enforcement,it is often passive rescue after the event rather than prevention in advance,and effective supervision of the guardianship process is not carried out.The main bodies responsible for the protection of abused children in my country include public security organs,civil affairs departments,people’s courts,and people’s procuratorates.Although these bodies play a positive role in protecting abused children,they have not formed a joint force.Child Abuse Authority.In terms of judicial relief,most cases of child abuse are regulated by crimes of abuse,abuse of guardians,and caregivers.Because the concept of child abuse is not clear and the criteria for identifying bad circumstances are vague,many abuses cannot be held accountable.So children still have the potential to be abused.The third part takes the United States and the United Kingdom in the common law system and Germany and Japan in the civil law system as the research objects.These countries have a sound legal guarantee system when fulfilling their national obligations to protect abused children,and have established special child protection agencies and cooperate with them.Social organizations work closely together and provide support to families through special funds and allowance systems to protect children.Although the experience outside the territory has important reference significance,it cannot be copied completely,and should be combined with the actual situation of our country.The fourth part discusses in detail the perfect path for the state to fulfill its obligation to protect abused children,aiming at the current situation and problems of the state’s protection of abused children.In terms of legislation,focus on prevention,optimize crimes of abuse,abuse of guardians,and caregivers,mainly including clarifying the concept of child abuse and the criteria for identifying bad circumstances,and there is no need to establish a separate crime of child abuse.Improve the mandatory reporting system and guardianship supervision system,focusing on preventing child abuse.In terms of law enforcement,attention is paid to the prevention and early intervention of child abuse,but the principle of proportionality needs to be followed.In response to the lack of clear responsibility for the rescue,a competent authority to protect abused children has been established,and cooperation with social organizations in child protection has been strengthened.In terms of justice,fully consider the particularity of children,follow the principle of the best interests of the child,and focus on restoring the parenting function of the family.Through the improvement of these paths,the joint force of the state,family and society to protect children will be formed,so as to realize the systematic,comprehensive and comprehensive protection of abused children.