On The Legal Protection Of Children's Rights To Development In China

Children carry the future and hope of all humanity,and they are the focus and protection target of international organizations and community.Ensuring the realization of all basic rights of children is an essential part of the entire human rights cause.The right to development,as the primary human rights,is an important means by which human beings realize their own values.In view of the particularity of children's physical,psychological and intellectual development,the state,society and family should offer special protection to them.As the most authoritative,effective and powerful means of protecting rights,the law should constitute the most solid protection shield for ensuring the realization of children's rights to development.This article takes the legal protection of children's rights to development in China as the research object and is divided into eight chapters.This article begins with the discrimination and clarification of the term "child"from legal perspective,distinguishing the meaning between "children","juveniles"and "minors".Then,it innovatively explains the concept of children's rights to development,elaborates this right's three characteristics of comprehensiveness,dependency and development,and also further reaffirms the practical significance of ensuring children's rights to development in our country,which includes the contributions to the abundance and sublimation of modern human rights ideas,to the current advancement of our country's reforms,and also to the world's sustainable development process.On this basis,Chapter Two specifically analyzes the international legal documents of the children's rights to development from the perspective of international law.On the one hand,it explains the sources of international law of children's rights to development from both general and specific conventions and documents,through which we can form a comprehensive understanding of the international legal system for the protection of children's rights to development and have an accurate judgement for its new development trend.On the other hand,in order to make the necessary lay-out for this article's expansion,this chapter clarifies the four basic principles(the principle of children's best interests,the principle of equal development,the principle of respect for children and the principle of multiple protection)of children's rights to development and redefines its five specific rights(the right to economic,political,cultural,social and sustainable development)under the framework of international law,and correspondingly analyses their connotations.Chapter Three returns the focus back to China,and expounds the current legal system about the protection of children's rights to development in our country from both macro and micro-perspectives.Based on the legislative purpose,legislative principle and related specific norms of children's rights to development in the Convention on the Rights of the Child,on the one hand,this article clarifies the lack of protection of the children's rights to development in our country from the practical point of view;on the other hand,this article points out the loopholes in our country's legal system from the perspective of legislation,jurisdiction and administration,and probes into the causes from both subjective and objective aspects.No relief,no right.Based on the current status in our country,from Chapter Four to Chapter Seven,this article puts forward targeted suggestions to improve the legal protection of children's rights to development from four aspects,including consummating the legislative system,strengthening the judicial system,constructing the administrative protection mechanism and optimizing the model of rule of law in society,with a sincere hope to contribute to the practice of the protection of children's rights to development.At the same time,this part is also the final target of this article.Specifically,consummating the legislative system mainly includes highlighting the basic principles of the protection of children's rights to development in the legal texts,improving the specific normative content of the protection of children's rights to development,constructing the specialized legislation for the protection of children's rights to development,and strengthening the international cooperation on the legislation of children's rights to development;strengthening the judicial system mainly includes the establishment of juvenile court,the enactment of the Juvenile Court Act,the promotion of the professionalization of juvenile justice personnel and the improvement of legal assistance system for juvenile cases;constructing the administrative protection mechanism mainly includes the perfection of administrative regulations for the protection of children's rights,the establishment of a national organization for the protection of children's rights and the strengthening of administrative law enforcement and administrative supervision in the field of children's rights protection;optimizing the model of rule of law in society mainly includes enhancing the children's awareness of their own rights protection,building the legal belief in children's rights to development through the entire society,and further improving the community's child protection mechanisms.At last,Chapter Eight is the conclusion of this article.From the above discussion,it can be concluded that offering the special protection to children as a vulnerable group is an important duty that a modern civilized society should fulfill.Emphasizing children's development must pay attention to the protection of children's rights to development and provide children with an equal development environment,equal opportunities for development and a diversified development platform to meet the special development needs of different children,with a purpose to eventually construct an ideal society where children's talents and values can be maximally developed,and where children's rights to development can be fully realized.