| Children as independent individuals and the hope of a country’s future should be entitled to the right in primary stage of their life and receive special protection in the process of their growth. However, children have been regarded as accessories of adults since ancient times and due to economic and social development limitation, many problems are there to fully implement the practice to protect their rights. Based on study of criminal law legislation, this thesis elaborates current situation of protection of children’s rights and existing problems and then put forward some suggestions for the situation improvement.The first part of this thesis is introduction to protection of children’s rights, which includes concept and characteristics of children’s rights, formation and development of this concepet as well as evolution of Criminal Law on protection of children’s rights in the world, provisions of China’s current Criminal Law and current situation of infringing children’s right and necessary statements of related legislative provisions improvement of children’s right protection in Criminal Law. The first is about explanation and analysis of the concept and characteristics. It points out that children’s right is a special kind of human rights gradually forming along with the progress of society and economy and they are characteristic of vulnerable subjects, dependency on fulfillment and being easy to be infringed. In the second place, the writer states the evolution of criminal law legislation on children’s right protection and introduces variety of protection stipulations and measures in the history at home and abroad. To protect children’s rights through criminal law legislation has a long history. The third place is introduction to relative stipulations in present Criminal Law on protection of children’s rights and achievements the Criminal Law has made as well.In real life,the infringement of children’s rights has two aspects:universality of subject and diversity of means.The last is that children are the hope of our country; China attaches great importance to their rights’protection. According to maximum interest principle in Convention on the Rights of the Child and current situation of infringement of children’s rights, it is of great necessity to perfect legislation.The second part of this thesis analyzes the existing problems from the perspective of criminal law legislation. Firstly, general rules in Criminal Law have two aspects of issues:the first one is definition of child’s age. Stipulations on the age of the children in many laws in China are varied; general provision of Criminal Law only defines the age of juveniles while the age of children can only be inferred by terms of charges in the provision; the second one is that Criminal Law lacks stipulations on moral damage compensation to child victims. Secondly, there are three problems in specific provisions of Criminal Law, namely, defects of legislation on infringement of children’s rights, which includes lack of related statutory sentence and problems existing in objective aspects and targets of related crimes.The third part of this thesis is suggestions the writer makes to solve problems in the second part. The writer suggests that Criminal Law should define the age of the children and assure the right of the children to get compensation for moral damages; besides, it should regulate some articles of law related to children’s right protection. |
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