Personal Rights Protection Of Children Abused In The Family

Children represent the hope and future of the country,which the protection of children’s personal rights has always been valued by the state.The government has not only clarified the basic spirit of human rights protection in the Constitution,but also has provisions to protect children’s personal rights in the Law on the Protection of Minors,the Anti-Domestic Violence Law,the Civil Code,and the Criminal Law.However,in recent years,the incidents of "child abuse" have fluctuated in the major self-media,especially in the family of child abuse incidents.The increasingly frequent incidents of "child abuse" warn that the status quo of the protection of children’s personal rights in legal circles is still worrying.Children have the characteristics of weakness and incapacity.Therefore,how to effectively protect children’s personal rights as a special group and improve the way to remedy the rights of abused children has become a research hotspot in the field of law Starting from the social problem of "child abuse",the country’s current system design for the protection of the personal rights of children abused in the family is presented,and suggestions are made from three aspects:legislation,justice,and government relief to strengthen the protection of children’s personal rights in this dissertation.The dissertation is divided into an introduction and three main chapters.Based on the outbreak of child abuse incidents within families in recent years,the introduction expounds the adverse effects of child abuse on individuals and the state to highlight the significance of the topic of this paper.Then the domestic and foreign literatures were collected,which started earlier in foreign countries,while the domestic research on the problem of child abuse within the family started in the past ten years,and it has also shown a rapid development trend in recent years..Finally it is re-emphasized that the theme of this paper is the study of child abuse and protection within the family.Even though the school violence and street children are social hotspots in recent years,they are not within the scope of this dissertation.The main body make a brief overview of the problem of child abuse in the family,including the concept,method and causes of the problem of child abuse in the family.According to domestic and foreign laws and academic descriptions of "family","child" and related concepts,the meaning of child abuse is determined in this dissertation.The concept of "family" is divided into two elements,which the subjective element is for the purpose of living together,and the objective element is generally relatives but is still an active element in nature,including but not limited to men(women)who maintain a cohabitation relationship with relatives friend.The current protection status of the personal rights of abused children in the family needs to be analyzed from the aspects of legislation,judicial and other organizational relief.Among the current laws regulating child abuse incidents in families,the Law on the Protection of Minors provides detailed protection of children’s rights from six dimensions,including family,school,and network,and three aspects: individual,society,and the state.However,the Law on the Protection of Minors overemphasizes the family’s responsibility for children,and places the state on the fringes,which is far from the "state guardianship" emphasized by many countries.The "Anti-Domestic Violence Law" is a law that specifically regulates domestic violence,which stipulates relatively advanced legal systems such as personal safety protection orders and compulsory reporting systems.But it is not specific legislation against child abuse,and it is difficult to include remedies for the rights of abused children in detail.The personal safety protection order ruling and the guardianship revocation ruling are two typical judgment methods in the judicial regulation of child abuse in the family.Through empirical analysis,this dissertation retrieves the classic cases of personal safety protection orders and revocation of guardian qualifications,and analyzes the respective ways of these two judicial relief paths from the aspects of the subject of the application,the content of the ruling,the burden of proof,the execution of the service,and the effect of the implementation.The respective roles of other organisations in the issue of child abuse within the family cannot be ignored.Among them,the Ministry of Civil Affairs has newly established the Child Welfare Department in recent years,which specifically guides the management of child welfare and assistance,and formulates relevant policies and regulations,which shows that the relevant departments are consciously strengthening the protection of children’s rights.On the basis of analyzing the practices and deficiencies in legislation and judiciary,this dissertation constructions and assumptions from the aspects of clarifying the definition of child abuse,implementing the compulsory reporting system,improving the personal safety protection order,improving the system of revoking guardian qualifications,adjusting the burden of proof in child abuse cases,and strengthening government responsibility.The dissertation is expected to contribute to the research on the protection of personal rights of abused children in the family,which promote more children to spend a healthier and more worry-free growth period.