Study On The Best Interest Principle Of The Child Protection-in The Angle Of View Of The Welfare Principle Of The Children Act Of The British Law

Declare that the interests of child is the right of child and legislatively give special protection of it is a progress of the international and civil law development."the best interests of child principle"is a important principle of child protection which is establish by the international covenant and the legislation of many country lately. Though China is a part of the Convention on the Rights of the Child of the United Nations(1989),we haven't introduce this principle but adopted the child first principle. The child first principle have played a positive role in the legislation and judicial practice of child protection of our country, however, it is different from the best interests of child principle in Denotative and connotative meanings and has a limited function. In consideration of that some defects still exist in the legislation and judicial practice of child protection in our country ,in order to prove the condition of our child protection, it is very important that we introduce the principle of the best interests of child in substantive and procedural laws. The UK is a welfare country and has perfect legislation and judicial practice o f child protection. The Child Law 1989 established the welfare principle and is a typical example of the best interests of child principle. This article comes to introduce the legislation and judicial practice of child protection in UK, and some provisions prescribed in the Convention on the Rights of the Child of the United Nations(1989).Comparing with the relative legislation and judicial practice in China ,referring to the advanced legislation and judicial practice experiences of UK, the author is going to put forward to some legislative suggestions revising the relative legislation and judicial practice in China . this article has thirty-four thousands words and have four parts except for the foreword and the concluding remarks.Part I the rough statement of the best interests of child .In this part ,the article will introduce the legislative principle of the protection of child historically,the theory basis of the principle and the advancement of the principle and the provisions of each country.Part II the rough statement of the welfare principle of the British Child Law. .In this part ,the article will introduce the outline of the welfare principle, including the concept of the principle,the statutory checklist and the welfare services for the court.Part III the analysis of the welfare principle.We can learn the principle comprehensively by introduce the defects of the principle. Part IV the inspiration of the best interests of child principle on our legislation and judicial practice. In this part, the article introduce the history of the child protection of our country,elaborate the child first principle and make a comparison between the two principles ,at last, analyse the situation of the child protection of our country and make a advisement that we should introduce the best interests of the child principle and regulate it in substantive and procedural laws.