Study On Comparison Of Children's Rights And Interests Protection Legal System Between Australia And China

Children are the vulnerable groups in the society, and the protection of them is the trend of the human rights development and the world legislation. The perfection of the children's legislation is the standard to the progress of the country's law. Internationally "Declaration of children's Rights" in 1959 and "Convention on the Rights of the child" in 1989 exist. Protection of children's interests is always emphasized by our government, and it is ruled in the Constitution and "People's Republic of China Law on the Protection of Minors". But the theory on the protection of children's interests in our country just pays more attention to the youth criminal. With the development of reform and opening-up, especially after the market economy took the place of the plan economy, all fields of our society has changed a lot. Many new problems of children's legislation occur in marriage families. And paying more attention to the respect and protection of children's interests is the tendency of the law on the modern marriage family. So Many problems existing in protection of interests and rights of children in our country demand prompt solution and perfection.Comparatively, Australia has made quite great progress in the legislation of child protection since adopting the Convention on the Rights of the Child (1989). Many advanced legal system has been established therein, and its judicial practice is mature too. Comparing the law system in Australia and in China, combining with China's situation, referring to the advanced legislation and judicial practice of Australia, the paper analyzes the differences of the legislation of child protection in Australia and in China as well as puts forward to some suggestion on legislation and judicial practice of child protection in china, in order to offer a new point of view in thinking about our country's protection of children's rights.There are four parts in this paper except for the forward and the concluding remarks. The first part is conspectus on the Child protection. Firstly, the paper makes clear of the definition of "child". Then it introduces the history, the theory basis and international legislation of child protection. At last it explains the significances of child protection, so as to make a general introduction on the children's interests protection.The second part is about the comparison of the Child Protection legislation in Australia and China. Through the comparison, the differences in some aspects of the child protection law system in Australia and China are pointed, that is: "the best interests of children" principle , Children's right to life, the confirmation of the legitimate child and illegitimate child's appellation, the emphasis on parental responsibility and "Separate representative" system establishment.The third part is about the comparison of judicial practice of child protection in Australia and China. At first this chapter points out the problems in Australian judicial practice, for example, the privilege of children's willing ; the parent's behavior and conduct; the privilege of gender; the religious beliefs; the decision of the children's family name and the children's special protection in the homogeneous family. Then it explains the social problems aroused by parents' custody vacancy in Chinese children interests and rights protection in judicial practice and the child custody after the parents divorce. At last, the enlightenment of children's rights and interests protection judicial practice in Australia to our country is pointed out.The fourth part is about suggestions on perfecting children's interests protection in our country. First of all, this paper points out the shortages of child protection in legislation and judicial practice. In the field of legislation, the children's best interests has not established; the appellation of the illegitimate child has not canceled; The confirmation dignity are ambiguous about the legitimate children, the children born artificially and stepchild , " separate representative " system in the divorce proceedings has not set up. In the field of judicial practice, it points out that a court doesn't protect the children who "roams about" ", "stays behind for garrison or liaison duty" and poor children well; The children's best interests is not considered as paramount consideration after devoice in custody. And the puzzle exists in the practice of child fostering in the homogeneous family. Against the shortage, referring to the advanced legislation and judicial practice of Australia, combining our country's situation, this chapter then brings forward to some suggestions on legislation and judicial practice of child protection in China.