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The Legal Protection Of Children’s Rights:A Case Study Of Child Abuse In Wenling

Posted on:2014-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:B TianFull Text:PDF
GTID:2246330398460478Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the civil rights movement, the legal status of children is improved rapidly from the beginning of the20th century, and children’s issues attracted the attention of a lot of people. Since the promulgation of the "Law on the Protection of Minors", our country has established a relatively complete legal system of the Rights of the Child. Child protection situation has greatly improved, but the phenomenon against children’s rights still abound.I will write from Wenling child abuse case, and find the problems by analyzing its judicial process. Then, on the basis of the analysis of these issues, I will put forward a number of legislative proposals. Finally, through the analysis of the present situation of our country for the protection of the children’s rights and problems faced, I will explore effective measures to protect children’s rights. This article is composed by the following parts:The first chapter is the analysis of Wenling child abuse case. This chapter is a case study on the protection of children’s rights and through the analysis I will find the problems that exist in the protection of children’s rights in China.In the criminal law there are many inadequacies on the protection of children. At the end of this chapter, I propose some solutions, in order to safeguard the legitimate rights of abused children.The second chapter is an overview of the Rights of the Child. First, the article defines the meaning of the child and child abuse. Then, I divide the basic content of the Rights of the Child. Unlike previous enumerative method, the Rights of the Child are divided into two major categories, including living right and developing right. Under this category, the article briefly describes the content of the Rights of the Child.The third chapter states the present situation of our country for the protection of the children’s rights and problems faced. First, in our idea, we haven’t realized that the children have the subject status of the right, and the people haven’t attached importance to the protection of children’s rights. Second, in the protection of legislation, there are many questions on our country’s protection of the children’s rights. Not only many children’s right laws are absent, but also the present ones have many shortcomings. For example, the legal protection system of the children’s rights lacks operability. The children’s laws have serious political nature and slogan nature. Finally, the article analyzes the blind spots in our understanding of the Rights of the Child.The fourth chapter is the principles of the legal protection of children’s rights. Currently, the law is still the most important means of protecting children’s rights. In the formulation and implementation of the law, we must follow certain principles. In this paper, five principles were identified. I will focus on the principle of the biggest benefit and general protection with a combination of special protection.The fifth chapter gives the advices for raising our country’s protection of the children’s rights. Firstly, if the system is raised, the idea must be changed. The renewing of the idea begins from respecting the right of the children, implementing the principle of the biggest benefit and reinforcing the social idea to protect the children. Secondly, we need to establish a more effective legislative system to protect the rights of the child. In addition, other departments should strengthen the protection of children’s rights. Thirdly, this article emphasizes the importance of international cooperation in the protection of children. China must strengthen cooperation with developed countries, and learn from their advanced experience.
Keywords/Search Tags:Child Abuse, Legislative proposals, Children’s right, Legal protection
PDF Full Text Request
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