Font Size: a A A

The Analysis Of The Legal Protection Of Children's Rights

Posted on:2008-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2166360212493487Subject:Law
Abstract/Summary:PDF Full Text Request
The time when the children rights are known is not so long. Because of the reason of the cultural custom, especially in our country, the children are respected, otherwise, the rights of children's rights are ignored. Children, due to their natural vulnerable conditions, need special protection. This article, beginning from the study of the concept of children's rights, firstly introduces the content of children's rights and the principle of the protection of children's rights; then introduces the legislative experiences of some developed countries; lastly, this article, putting the eyes on the country's reality, points out the question and gives the suggestion.This article is divided into five chapters:Chapter one is the summary of the children's rights. Firstly , this chapter gives the concept of children. For example, this chapter gives the concept of children, that is , the children in this article are the persons who's age under 18 years old. And this chapter introduces the progress of forming modern children's rights idea and on comparing modern and traditional children's idea, draws the intension of modern children's rights idea. This chapter analyses the particularity of the children's rights in contrast to the adult's rights. Secondly, this chapter introduces the basic contents of children's rights in detail and according to the children's rights treaty, divides the children's rights into three kinds, that is, living right, developing right and participating right. And every right has its details below.Chapter two is the summary of the international protection of children's rights. Firstly, this chapter states the history of the international protection of children's rights and points out that because of the effort of international organizations and governments, the protection of children's rights has reached a new point. Secondly, this chapter points out the stem problems that the children are facing all around the world, such as, the war and the conflict, the poverty and the disease, the crime committed for the children by the adult and the crime committed by children. Lastly, this chapter introduces the principles of the protection of the children's rights, that is, the principle of un-discrimination, the principle of the biggest benefit, the principle of special protection and the principle of respecting the children's opinion. So, this chapter makes a good base for the next statement of the protection of children's rights.Chapter three is the comparing study of the developed nations' legislation of the protection of the children's rights. Firstly, this chapter introduces several famous legislating cases of the protection of the children's rights, such as, children's court law of Erie Nuo Si State in America in 1899, the Children's Law in 1989 in British, and Teenagers Crime Law in the Federal Republic of Germany in 1974, etc. Secondly, this chapter focuses on the Japanese legislating system for children in order to find some useful thing to our country's legislation for children. These legislation includes Japanese Constitution, Children's Welfare law, Juveniles' Law, Juveniles' Court Law, etc.Chapter four states the present situation of our country for the protection of the children's rights and the problems faced. This chapter points out the problems and the deficiency from the four areas: the people's concept, the protection of legislation, the protection of administration and the protection of the society. Firstly, in our idea, we haven't realized that the children have the subject status of the right, for there isn't idea of children's right in our cultural custom. The people haven't attached importance to the principle of children's benefits maximum. Secondly, in the protection of legislation, there are many questions on our country's protection of the children's rights. Not only many children's right law are absent, but also the present ones have many shortcomings. For example, the legal protection system of the children's rights lacks serviceability and systematicness. The children's law have serious political nature and slogan nature. Our country's children's law have fallen behind the development of the society. Thirdly, in the protection of administration the are also many questions, such as, the case juveniles' range that the juveniles' court law accepts is too narrow. We haven't instituted strict juveniles' administration procedure. Legal assistance system and jury system aren't perfect. Lastly, this chapter introduces the question in our country's protection of the society of the children's rights.Chapter five gives the advices for raising our country's protection of the children's rights. The advices include two areas: the idea and the system. If the system is raised, the idea must be changed. The renewing of the idea begins from respecting the right of the children, implementing the principle of the biggest benefit and reinforcing the social idea to protect the children. On perfecting the system, we can do in these areas: in legislation, we can establish the independent system of protecting teenagers and establish special organizations which work for the children; in administration, we can perfect the relief system and other related systems; in the society, we can develop the legal environment which is supervising under the non-government organization. This chapter has the details for every point.
Keywords/Search Tags:children's rights, the principle of un-discrimination, the principle of children's benefits maximum, legal protection
PDF Full Text Request
Related items