China On Protection Of Minors Legal Studies

This article disapproves the current popular view that suggesting protective system forchild, besides the judicial protection, should contain the protection from society, fromfamily and from school, and suggests that the protective system for child, besides thejudicial protection, should include the protection from state, the protection fromguardian, and the protection from school. In this protective system, according to thisarticle, "the protection from society" should be replaced by "the protection fromstate" and, for norm's reason, "the family protection" should be "the guardianprotection". This article argues that a duty object of state protection should bespecified, and to ensure its efficiency, a series of concrete institutions, which includeinstitution of observing teacher, of forcible inform, of case process, should beestablished. To enhance the guardian protection, this article suggests that we shouldclassify improper guardian act into two types: inappropriate guardian act and illegalguardian act, and accordingly process these two types of act in two different ways.This article also makes a comprehension on the logic relation between four basictypes of child right, and expounds the significance of the right to participate of child.