The Research Of The Principle Of Children’s Best Interests About International Children’s Rights Protection

At the fifty-sixth UN special session on children, Coffey Annan said in the report of the Secretary-Gnenral:Once we were children,we all hope that our children are happiness and this has been and will continue to be the most common human cherished desire. Such a desire reflects the ardent call of the epochal civilized progress, it also brings the spring of the protection and development of international children’s rights. Among them, the principle of children’s best interests is an important protective principle of children’s rights, which is defined in recent conventions on human’ rights and international legislations, it is also the most basic and ruling principle. Based on the research of this principle, it can broaden the research scope of the protection of children’s rights, promote international cooperation, effectively improve the protection level of children’s rights around the world, and by the time bring greater benefit to the perfection of our children’s rights protection.Principle of children’s best interests conceived mature gradually after decades of development and evolution,and finally estabished in1989with convention on the rights of children. However, the specific concept of this principle has not been defined, and the flexibility and programmatic of the priciple are the very important reasons to causing controversy.This article discusses the theoretical meaning of the principle in the framework of international law from the view of globalization, and eventually forms a complete value system of the principle of children’s best interests.With the development of economy and society, children’s legal status has a remarkable ascent. To twentieth Century, international children’s legislations have arisen unprecedented development trend. International children’s rights law has been formed, mainly reflected in the international human rights and international prevate law treaties. In addition, as international cooperation more and more widely, the trend of globalization is reflected in more fields, the principle of children’s best interests is widely recognized in the field of children’s protection.Continental law’s and common law’s practice on the principle also provide beneficial enlightenment to the development of our children’s protection cause. However, the flexibility and programmatic of the principle is double-edged sword, when it fully protects the rights of children,it also makes a variety of other factors naturally incorporated into the principle and faces some problems. This paper briefly analyzes three aspects:uncertainty、conflict of rights and cultural value conflicts,then puts forward its own views.In August29,1990, China signed the UN convention on the rights of children,as one of the contracting parties of the convention.The convention entered into force in March1,1992, it led the protection of children’s rights into a new era. As the convention entered into force in our country, we paid attention to the implementation of the principle,made the spirit and substance of the principle according with our cultural value, combined our procedural duty with children’s rights in the convention, so as to utmost reflect the legislative spirit of the principle, integrated all aspects of advantage into our practices, realized the localization of the protection of children’s rights.