The Legal Protection Of Street Children On Prevention And Aids

Sanmao, the hero of "Wanderings of Sanmao" who has experienced hardships of street life must have made a deep impression on many people. There’s no existence of war in most places, however, vagrant children can be found in almost every country. The issue of vagrant children is not a special product of a certain country or certain period of history, but a universal problem. All governments and relevant international organizations are very concerned about how to protect the legitimate rights and interests of vagrant children as well as build an effective relief system, so that an increasing number of vagrant children can return home and to the society as soon as possible. In recent years, our government and non-government charities have made bold attempts to solve this problem. With the increasing exploration of relief mode and concepts, we have found a relief mode that is applicable to our national condition and have made some achievement.<the Law on the Protection of Minors>and <the Measures for Assisting Vagrants and Beggars with No Means of Support in Cities>is the main legal basis of Chinese government’s relief for the vagrant children. According to the law, the assistance station ought to help vagrant children find their parents as soon as they’re relieved. Provided that their parents are dead or can’t be found with the address given by the children, they must be sent back to the original place. Although this relief mode has successfully helped many vagrant children, it has exposed some shortcomings, including the phenomenon of "repeating wanderings and being removed" Besides the government, some charities are also playing active role in the relief of vagrant children. However the immaturity of China’s charities and lack of systematic regulation system hinder the effects that our charities have on these vagrant children.Based on "Principle of children’s maximum benefits", this article will try to carry out thorough analysis and research in the area of vagrant children with the research method of literature study. On the basis of research findings from home and abroad, the author promotes the idea that prevention of the problem of vagrant children in advance is equally important with relief measures afterwards because is largely contributed to the existence of vagrant children. Besides, the author will put forward some measures to solve this problem though analyzing the major problems existed in the relief of vagrant children and studying of mature experience abroad.The first part is an overview of vagrant children and their current relief situation. It mainly introduces the concept, classification and causes of vagrant children. Besides, it gives an analysis of the current relief situation. A study of the research data leads to the conclusion that the main cause contributing to the existence of vagrant children has changed from poverty to home environment influence. In this way, the current relief mode can’t be adapted to the current practice.The second part is about the prevention of emergence of vagrant children and the investigation overseas。The first part of this section introduces the background of Principle of children’s maximum benefits’s generation and its concept, function and significance. No matter in prevention or relief, we should implement this principle by regarding children as independent subjects of rights, honoring their wishes and dealing with their concerns with pertinence. The second part of this section introduces "duties of guardians"、"guardianship supervision system"、"national guardianship system for minors"of America and Germany.These systems are quite significant in the prevention and measures taken afterwards including searching for guardian. The third part of this section is about legal, conceptual and concrete practice of Brazil and Japan in the issue of vibrant children.The third part is analysis of our legal practice for the prevention and relief of vagrant children. Firstly, it introduces the laws about children’s rights from the Constitution. Although these laws contain instructive regulations to protection children’s rights, it fails in writing 《Principle of children’s maximum benefits》 into the Constitution. Secondly, it analyzes the election, duty and revocation of guardian as well as the flaws in regulations about guardian for prevention and relief. Finally, this part deals with the shortcomings of some regulations like in relief of vagrant children through study of the Measures for Assisting Vagrants and Beggars with No Means of Support in Cities and the Regulations on the Registration and Administration of Social Organizations and point out the reasons why the Regulations on the Registration and Administration of Social Organizations will hinder the development of non-government organizations which could have played a significant role in the relief of vagrant children.In the last part, the author has put forward some suggestions to improve the effect of the prevention and relief of vagrant children. Firstly,"Principle of children’s maximum benefits" should be written into the Constitution and fully implemented in the laws about children. Secondly, a more comprehensive guardianship supervision system should be established as soon as possible to make clear the responsibilities and rights of different guardians. Thirdly, we should consider establishing more detailed regulation according to the Measures for Assisting Vagrants and Beggars with No Means of Support in Cities. Finally, legal support together with comprehensive regulation should be given to non-government organizations to enlarge their influence.