Study On The Implementing Mechanism Of HCCH Convention On Children Rights Protection

Children are the future of an nation and the hope for a country. How to protect them to grow up healthily and happily while maintian a pure and beautiful soul is what all mankind has been striven to achieve. Due to the underdeveloped psychological and physical condition of children, they can not protect themselves very well in the face of the hurt from the outside world and thus are reduced to a comparatively weak position. How to help those children eager to get care has always been the main focus of the work of Hague Conference on Private International Law. To better the protection of the rights of children in practice, the conference passed and concluded a series of related conventions which finally formed a system. The performance of the conventions is closely related to the real protection of the immediate interests of children, and on the basis of conclusion,a research over the convention implementing mechanism can help to prompote the implementation of the protection conventions of the rights of children.It is essential to establish the Hague implementing mechanism of protecting the rights of children. The aim of the protection conventions helps to promote the establishment of the convention implementing mechanism, while at the same time,the system plays an important role in the effective implementation of the conventions. The convention implementing mechanism decides the implementation of the conventions to a large extent, for its establishment has a supervisory role over the implementation of conventions and offers direction for the implementation of conventions. On the other hand, it is the implementation of conventions that helps to realize the aim of establishing the convention implementing mechanism.The Hague Convention on the protection of Children is honored by three systems, judicial and administrative co-operation, review and guide to good practice mechanism. Judicial and administrative co-operation is a new and effective pattern that finds increasingly wide application, including central authories cooperation, competent authorities cooperation and so on.Central authories cooperation, which is interactive and multi-functional, is the most important method in judicial and administrative co-operation. Contracting states choose corresponding central authority according to actual situations for international collaboration. Review mechanism means that the Hague Conference on Private International Law hold routine conferences to assess how the Convention on the protection of Children is honored in contracting countries, locate problems and then seek efficient solutions. It has successfully applied to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. Guide to good practice for convention is a summary based on actual circumstances of contracting states and leads to the extensive inforcement of the convention in the future. Guides to good practice under The 1980 Hague Child Abduction Convention and the 1993 Hague Convention on inter-country adoption have proved to play a significant role honoring the conventions.Currently the 1980 Hague Convention on the Civil Aspects of International Child Abduction only applies to Hong Kong and Macao. In November 2000, China signed the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Standing Committee of the National People's Congress ratified it in April 2005. It entered into force in January 2006 in Mainland, Hong Kong and Macao. China now still has many problems in honoring the conventions, such as an incomplete inter-country adoption law system, failure in implementation to the best interests of the child principle, lack of good supporting systems. Therefore, China has much to do to perfect the honoring systems of The Hague Convention on the protection of Children.