Study On Legal Protection For The Abandoned Baby

The abandoned baby is not a particular social phenomenon of modern China.However the continuous cases of baby abandonment is now seriously impacting thepublic feeling towards social fairness and equableness, almost reaching to the bottomline of people humanity as a being. And baby abandonment has become a universalfocus of public attention. However from the perspective of society transfer, it’sunavoidable to stand the existence of abandonment in China considering historicaland factual influencing factors. In modern society, law protection is a kind oflong-term stable institutional protection. Either from the consideration over securityof abandoned baby’s humanity or from the current situation of social fairness andequableness, the study of law protection over baby abandonment obviously hasbecome an obligatory project in China. Nevertheless, the high volume of babyabandonment cases and no sign of decreasing in recent years, from the other side, areindicting there might be some defects in our institution of law protection on babyabandonment. From the legislation, the current institution of law protection on babyabandonment is less systematic and object-oriented; therefore it’s hard to providesufficient law evidence. From the execution, the relevant administrative institutionsdo not have efficient cooperation and supervision in between; therefore currentprotection over abandoned baby is limited in the “motion-style” execution. From theadministration of justice, the judicial protection over abandoned baby become adifficult problem in judicial practices based on the objective fact that abandoned babydoes not have civil competence and the situation of insufficient institutions.Establishing law protection over abandoned baby is a comprehensive project. Weneed to start from fact, and perfect our institutional system of law protection overabandoned baby from three levels of legislation, execution and administration ofjustice, surrounding the security of abandoned baby’s rights and interests. By doing so,we are expecting a better protection over abandoned baby and a promotion of healthyharmonious society.