Principle Of Best Interests Of Children

Children as a vulnerable group, their rights are the special protection of national law asign of social progress, the child’s best interest principle of the international conventionsand national legislation to establish an important principle of the protection of the rights ofchildren. While in1990China joined the "Convention on the Rights of the Child," in itsdomestic legislation on child rights protection is also provided, but did not determine thebasic principles of the child’s best interests, in practice, protection of the rights of children,there are limitations. To improve the status of children’s rights protection in China,established in legislation the principle of best interests of children and the parentsimplement the principles of the legislation is very necessary. This article is based on ourcurrent situation, for our marriage and family law in the interests of children should beestablished to protect the deficiencies in the child’s best interest principle, and the level ofsound from the system proposed to revise the relevant legal framework and improve thelegislative ideas.The text is divided into four parts:The first part stresses the origin of the child’s best interests principle why humanbeings will be asked to protect the interests of the child. Children’s rights is a historicalprocess of development from the slave society of children as an accessory to the bourgeoisrevolution of children as a separate entity from the adults separated from socialdevelopment and changes, to see the country for special protection for children attitudechange.The second part stresses the theoretical basis of the child’s best interests principle andthe basic content. In terms of biology, sociology, and national parental rights theory to findthe theoretical basis of the child’s best interests principle, and the child’s best interestsprinciple is reflected in the United Nations Convention on the Rights of the Child ". Liststhe child’s best interests principles and spirit of the embodiment in which the relevant laws of our country.The third part of the main problem, mainly from out of wedlock issue, the question ofattribution of custody, visiting rights and minors adoption in four major areas discussed theproblems in the current situation of China’s legislative and legislative blank for somespecial casesThe lead judge in the application of the law have no basis.Reflect the backwardness of our country the rights of the child protection legislationis not responsive to the development trend of the international family law, legislation needsto be improved.The fourth part mainly about advanced practices and legislative experience othercountries and regions in the four major problems to solve the above reference. The authorbased on China’s national conditions, to international advanced Legislation Thought andnational realities, to put forward legislative proposals to protect children’s rights, how canwe maximize our parent-child legislation implementing the child’s best interests principle.It should be noted that:"children" in accordance with the Convention on the Rights ofthe Child "is defined as the boys and girls under the age of18juvenile referred to in thepaper, the concept of minors is based on the needs of the discourse in the form andlanguage habits, the same as the definition of a child. Adults refers to individuals over theage of18.