Children’s Right To Health Protection Research

In times of trouble "heavy penalties" in today’s so much emphasis on "humanrights" and "justice" harmonious society has been very difficult, the transformation ofthe concept of criminal law, let us begin to pay attention to the balance of thepenalties applicable to positive and negative impacts; start with internationalstandards, decriminalize non-criminal, non-custodial sentence of death penalty offurther use. The probation system is the most direct manifestation of Penalty, naturalthis award has been widely mentioned, and in-depth study in order to correctly apply.This thesis is composed by three parts of the introduction, body and conclusion,the body part is to analyze the situation, identify problems, to put forward their viewsmode.The first part of the body of the paper: probation applicable to the currentsituation in the region, as well as probation features applicable in the region. Analysisof probation applicable to the overall situation in the region, and further through thedata to analyze the trend of probation applicable in the region, which show thepositive significance of probation system.Paper the second part of the body: suspended for the problems and cause analysis.Cause analysis of the probation system that exists in reality, so as to provide a basis toimprove probation.The third part of the body of the paper: on probation sound legal measures,including probation legislative response and probation perfect justice responses to twomajor aspects. Characteristics and problems in the analysis of suspended applicationand reference to other countries, some probation practices based on the proposedimprovement recommendations for legislative and judicial probation.Health is an eternal topic, the pursuit of health is our goal of unremitting struggle.Putting forward health right is the nearest thing. In1966, the article12of theInternational Economic, Social and Cultural Right Convention which is established bythe U.N. defines that health right is to the right of everyone to the enjoyment of thehighest attainable standard of physical and mental health. This is the current domesticand foreign universal international accepted view that health right includesphysiological health and physical health. In the universal attention to health, security and health under the trend of children, the special subject health problems could getpeople eager to care. The characteristics of children and vulnerable position in thesociety decided to appeal to children’s health can’t just stay in the equal protection ofthe level, this need to the state, society, family and school multiple subject to workhard together, guarantee the realization of the children’s health, and promote thehealthy growth of children.Since the founding of the People’s republic of China, although our country in theprotection of children’s health growth achieved great success, to the laws andregulations of the protection of children were also scores, but in the constitution levelis not implemented health children, children in the healthy growth of protection is stillinadequate. Especially in recent years, the healthy growth of children threat morefactors, such as the China children food safety problems, children toy safety problems,children’s traffic safety and environment pollution is serious, be hurt children’s health"hidden killer". Therefore, this paper, based on the children’s health problems as mainpoint to the economic, social and cultural rights pact as a representative of theinternational convention on the connotation of the health analysis, which leads tochildren’s health right the concept, characteristics and content, through to the rights ofthe child convention on the rights of children of the establishment of security fourbasic principles research, for the children’s health right safeguard for theoretical basisand get some enlightenments to children in our country the paper health laws, districtsecurity situation, found that some existing problems, and finally provides someSuggestions, expect to children of the security of health have improved.In order to discuss the topic in a more systematic way, the whole paper will bedivided into six parts.The first part, the author expounds the basic theory of children’s health. First ofall, it is the health of children of a related concept analysis, many of the internationalconvention, regional documents and all of the constitution and health, children andother provisions, the text analysis, further on children’s health connotation makes adetailed explanation. Second, it is based on the definition of children’s health, theauthor focuses on the analysis of the characteristics of children’s health, content, thisis the one of the innovation points. Finally, is analyzed and the safeguard mechanismof children’s health right realize, separately from the international level, the domesticlevel in two different dimensions and hierarchical make interpretation.The second part, the author combines the children’s rights convention on the rights of children to ensure the principle provision and analysis, and think that thebiggest benefit protection, children equal protection principle, respect childrenprinciples and multiple protection principle to the realization of the children’s healthright plays an important role, for the children’s health right guarantee to provideenlightenment。The third part, the author tells that the children’s health right in the internationalconvention of the expressions tracing, from the international conventions, regionalinternational files on the health right, and children’s health right relevant contents ofthe legal aspects of the comb, and find the children’s health right guarantee of legaltheory and practical foundation. We found that children’s health has been theinternational community the common recognition, many countries in the world for thelegal protection.The fourth part, a study of children’s health is in response to our country theconversion to the healthy growth of children’s appeal. This part, the author by use ofChina’s latest policy documents and data statistics, from the legislation level at locallevel, the two dimensions of the essay analyzes the health security situation ofchildren in our country and the insufficiency. We found that, our children’s health hascertain value, but still not enough strength, the main problems existing in the sixmajor aspects: children’s health right safeguard is lack of specific constitutionfoundation; Lack of overall security children health right legislation system ofprofessional and legislation have disadvantages; Children’s health insurance in ourcountry between the rural and urban areas, the regional gap obvious, the mortality ofchildren under five years old, rural children’s nutrition situation is bad, city childhoodobesity, accidental injury problems on each; Children in our country birth defectshave incidence and a rising trend; Our country children’s health insurance policy,fiscal support is not strong, maternity and child hygiene service system is notperfected; The concept of health of the safeguard children needs to be improved.The fifth part, this paper studies the children’s health right guaranteecountermeasures in the analysis, break the routine, from the state, society, family andother obligations of main body are introduced, and the responsibility of their content.Countries is mainly a demand for Angle state protection respect, and implementationof obligations, including legislation, enforcement, judicial and other promote securitymeasures; Family on the obligation of parents emphasize Angle, from duty and not as obligation as two aspects, proposed the parents to ensure children’s health growthrequired conditions; Social Angle requirement in the nation’s leading social main bodyunder the management, play an active role, and work together, to establish "threemechanism is a responsibility", that is, children’s health and medical care mechanism,children’s injury early warning mechanism, children’s mental health public servicemechanism and children’s products enterprise society responsibility.The sixth part is epilogue. The author once again stressed the importance ofensuring children health right, reaffirmed the need the state, society and family tocooperation and work together for the healthy growth of children provide securitybarrier.