The Research On The Mandatory Report System For Child Protection

Child abuse existed in the human life in different historical periods.The rise of the concept of human rights during the Enlightenment,and the formation of the concept of children's rights made the protection of children from abuse become a worldwide topic.In order to deal with the problem of child abuse,effective detection is the first step.The path to detect child abuse includes the Sadist Reporting,the Victim Reporting and the Third Party Reporting.The behavior of child abuse has the elusive features.Due to the cause such as autonomy of the family,the sadist fear to be punished and the child's capacity constraints,the path of the sadist reporting and the path of victim reporting are apparently difficult to be achieved.The third party report is divided into voluntary reporting and mandatory reporting.Due to the lack of a corresponding responsibility mechanism,voluntary reporting inevitably reduces the efficiency of the discovery.Comparatively,mandatory reporting can discover child abuse behavior as soon as possible.The mandatory reporting system for child protection requires that certain persons must report to specific agencies when they discover child maltreatment or neglect,and those who fail to report will have civil,administrative or criminal responsibility.Comparatively speaking,mandatory reporting on child protection is the most feasible and efficient system.The United States,Canada,Australia,South Africa,Taiwan of China and many other countries and regions have established the mandatory reporting system for child protection.At the same time,many countries and regions are constantly joining to the ranks that develop mandatory reporting system for child protection in their laws.In 2015,India,Saudi Arabia,Ireland developed mandatory reporting system for child protection in their national legislation.Our country has also set up this system in 2015 by legislating the Anti-Domestic Violence Law,which was a major highlight of the legislation.The aim of this paper is to,based on the comparative analysis of the experience of foreign countries,put forward some suggestions for mandatory reporting system for child protection in China,and to realize the innovation and development of the system in China.At present.our country is in the initial stage of construction of the mandatory reporting system for child protection.This study can clarify the value basis of the mandatory reporting system for child protection,have a comprehensive grasp of the extraterritorial content of the mandatory reporting system for child protection,and be helpful to build the law to combat child abuse on the basis of improving the mandatory reporting system for child protection.At the same time,it is also helpful to establish the concept of national parental rights to further clarify the protection responsibility of the government,to enhance the service ability of the child protection professional organizations,and to change the traditional educational philosophy so as to realize the innovation of idea renewal and culture.Following the basic ideas of social science research,with the direction of discipline theory of law,sociology and others,and adopting the methods of documentation,comparative analysis,investigation and empirical analysis,this paper discussed how to perfect the mandatory reporting system for child protection in china.This paper is divided into seven parts.The introductory part briefly introduces the problem of child abuse and the mandatory reporting system for child protection.It introduces the significance of the topic,the research status at home and abroad,the innovation of research and the method of research.The first chapter introduces the effective detection mechanism to deal with child abuse--the mandatory reporting system for child protection.The mandatory reporting system for child protection is a child protection system,the purpose of which is to protect children's rights.Children's rights can meet the needs of children in order to achieve their own interests,can reflect the real interests of children in order to represent the child's requirements or claims.The basic principles of the protection of children's rights include the principle of national paternalism,the principle of best interests of children,the principle of multiple responsibilities.By investigating of the definition of child abuse behavior in various countries,the author sums up four types of behavior:physical abuse,neglect,sexual abuse and psychological abuse.As a new child protection system,the mandatory reporting system for child protection is conducive to implementing the children's rights expressed in the national constitution,perfecting the protection mechanism set by the laws and regulations,boosting the children's human rights confirmed by international law,and assuring the protection of children's rights be effectively implemented.The second chapter introduces the legal basis of the mandatory reporting system for child protection.Children's rights have the characteristics of the weakness of the dominant position of the right,the autonomy of the realization of the rights and the infringement of the rights,etc.Child abuse can cause serious harm to child and the society.In order to deal with the problem of child abuse,effective detection is necessary.Comparatively speaking,the mandatory reporting system for child protection is more feasible and efficient.The purpose of the mandatory reporting system for child protection has obvious perspective of human rights law,its means of it has a clear basis of administrative law,and its active intervention to the family reflects the obvious characteristics of social law.The third chapter is the comparative study on the detective mechanism of the extra-territorial mandatory reporting system for child protection.The United States,Canada and China's Taiwan region have established the mandatory reporting system for child protection.They make provisions including the main responsibility body to report,the mandatory reporting object and content,the liability for familiar or false report.Their mandatory reporting system for child protection also includes the complementing systems such as the administrative law enforcement,community prevention and judicial relief system.All the provisions can provide effective pioneer protection for children.Through the comparative study,it is concluded that mandatory reporting system for child protection has the following characteristics:the favorable disposition for children's right,the systematic and expanding protection content and the relatively minor comprehensive legal liability.The fourth chapter is the comparative study on the response mechanism of the mandatory reporting system for child protection.In response to the behavior of child abuse,the United States,Canada and Taiwan in China have built a good response mechanism to provide targeted relief for the abused children,including the investigation and evaluation mechanism of child abuse,the service and resettlement mechanism to protect children,the punishing and disciplinary mechanisms to the sadist,which can ensure that children's rights are protected from infringement.The relief system for child abuse in these countries and regions has the common legal characteristics:the procedural justice and the relief operability,the legalization and practice of the children's participation idea,the limited intervention of the public power into the family field.The fifth chapter discusses the debate and improvement of the mandatory reporting system for child protection.The mandatory reporting system for child protection is faced with a lot of controversy,and many of the reasons are quite realistic,such as the surge in the number of reports,the poor quality of reporting,the ambiguity of legislation and the infringement of parental rights.Many scholars and child protection agencies made response to these questions by the results of theoretical and empirical studies in order to support the further development of the mandatory reporting system for child protection.In fact,many countries are constantly updating their substantive and procedural provisions in the process of operating the system,and improving the specific content of the mandatory reporting system for child protection,so as to make it more responsive to the needs of child protection practices.The sixth chapter discusses the enlightenment of overseas children's protection experience for our country.The specific challenges which China's the mandatory reporting system for child protection is facing include the following:the adverse effects of traditional culture and institutions,the imperfections in the mandatory reporting system for child protection,and the inadequacy of child protection systems and institutions.Affected by the traditional Chinese ethics,the corporal punishment of children is generally accepted."You shall not share family scandal" and "each one sweeps the snow from his own doorstep" have existed a long time in the community.The mandatory reporting system established by the Anti-Domestic Violence Act of 2015 has the problems such as a narrow scope of application,the ambiguity of the elements,the lack of specific operational codes and the lack of technical and operability of the relief mechanism.Improving and innovating the system of the mandatory reporting system for child protection can effectively promote the prevention and control work for child abuse in china.We should clearly define the content of children's rights and pay attention to the special culture of child abuse.Special laws on child protection shall be formulated to establish the specific contents of child abuse.The legislation should further enrich the mandatory reporting system for child protection,improve the intervention mechanism of child abuse prevention,establish a good mechanism to prevent child abuse,enrich the mandatory reporting system for child protection with the principle of step by step,and attach importance to the construction of children and family service system.The value of specialized institutions should be highly concerned about in order to form a complete system for child protection and relief.The philosophy of family relations should be actively changed so as to emphasize the social responsibility for the protection of children's rights.