On The Legal Protection Of Minor's Rights And Interests

With the development of human rights move in the international communityand the idea governing by law rooting in the hearts of the people of ourcountry , the protection of minors' rights and interests is being paid closeattention to both at home and abroad day by day. Since Minors Protection Lawissued, the state of protecting minor rights and interests has been greatlyimproved. But minors' rights and interests have not totally been ensured thephenomena of encroaching on minor's rights and interests by various ways stillexist in a large amount. As a post graduate student studying on juveniledelinquency, I have special emotions to the protection of minors' rightsand interests. Because the subject go beyond the span of one master thesis,I only chose and carried on research to the current law of our country relatingto the protection of minors' rights and interests. Even so, because relevantresearch has just started in our country, not merely theoretical study isscarce, it is too unripe for practical experience to accumulate. With my ownlimitation of competence, the article still seems a bit tender, lack theprofundity of studying. The article amounts to more than 36,000 words, with more than 2,500 wordsof footnote. The full text comprises four parts: Part One: Minors need special protection of the law, expounding why giveminors special protection in law. I think, determined by minors' physicaland psychological particularity, minors are disadvantaged compared to adults.They are easy to be encroached on rights and interests, and they are alsovery apt to go on the delinquent road after being encroached. So specialprotection should be given to minors. With some mistaken ideas, the protectionin our society often can't realize the original protection intention.Considering the characteristics of the law, I think the legal protection isthe most effectual in various kinds of protection means.This not only is therequest of international files, but also has been proved by various countries. Part Two: the spirit of Children' Right Convention. Being praised as thecharter of children right, Children' Right Convention is generallyacknowledged as the most important international convention. I think, thestudy on the spirit of the convention has great significant in perfectingour country' legal protection of minors' rights and interests. In this part,it is introduced that the characteristic and the four principle of Children'Right Convention on protecting children's rights ,and the four fundamentalrights of children. Part Three: our country' current law protection for minors' rights andinterests. In this part, I introduced and analyzed the legal system ofprotecting minors' rights and interests, minors' right stipulated in ourlaw and the deficiency of our law, which includes legislative idea, legalsystem, and the specifically regulation. I point out: the legislative idealags behind, does not reflect minors' subject status of right ; Although thelaw of our country for minor's rights and interests protecting has tentativelyformed a system, but the system is not perfect; Though the law has stipulatedextensive rights for minors, but the regulations are too principle to operate. Part Four: Strengthen the legal protection of minor's rights and interestsof our country. In this part, some suggestions are made to perfect our lawfor the protection of minor's rights and interests. I point out: the custodysystem, administration legislation and the substantive law, procedure law,rules of organization ,which are necessary for minor' judicial institutionalimprovement, are relatively deficient and should be carried on protectionat first; three ways could be taken to perfect our law for protecting therights and interests, including permeating the spirit and principle of MinorsProtection Law to other law, making implementing regulations for current lawand strengthening individual legislation. Finally, I think,...