Improvement In Legal Protection Of Children’s Rights In China

Improve the legal protection of children’s rights is an inevitable requirement of children in order to grow up healthily and happily. The protection of children, not only need the moral maintenance, custom of advocating, value of love, but also need good legislative mechanism, judicial procedure and administrative act. It is a huge social system supported closely by perfect top design and basic guarantee.Recognition of children’s rights needs the concept of rights and human rights. At the same time, we should give full consideration to the special nature of children and the their actual needs. According to the international children’s convention and laws of other countries, here we think children’s rights are comprehensive rights including child survival, development rights and special rights. In fact it is the confirmation of children’s rights.The history of the protection of children’s rights can be traced back to the slave society period, the recognized history of the dominant position of children. In ancient Greece and Rome, children were regarded as dependent property of their parents, and the attention on children was due to be immersed in love relationship. Until the renaissance, the understanding of human being which was dounded by religious thoughts is shined by rational light. Rousseau, Kant, Rock was the thinker of the enlightenment thought about children’s rights, but their thoughts were out of their political structure. After the bourgeois revolution, especially after entering in nineteenth Century, countries have issued a related child protection law. Special laws on child protection are also accompanied with the abundant of improvement of the national legal system.China thoughts on the protection of children’s rights can be traced back to the pre Qin Period. Our ancient legal laws on children’ protection is mainly reflected in the criminal. There were many brilliant ideas and practices which have a profound influence on later generations, such as the relief corvee of children, the implementation of pension policy on children, the folk and the official care institutions for children. The attention on children in China ancient law undoubtedly played a positive role, but the purpose of maintaining the feudal rule is the most important aim.The legal protection of the rights of the children has a long history. Perfecting the legislative mechanism is the starting point of the legal protection of the rights of the children. From the world’s first juvenile law promulgated in1899in American, in the following100years, the humanitarian concern on children has legal protection. People have done a lot on the architecture, the principle and the operation. In addition, the special of children’s mental and physical growth, the special of children’s rights content put up with the thinking on the necessity of improving the legal protection of children’s rights.From the current situation of the legal protection of children’s rights legislation, The system is lack of coordination of macro design, weak in contradictory layer and the legislative technology is inattentive. There are deficiency in social security legislation, children family protection legislation, social protection legislation and school protection legislation and other special legislations. Operability of legal needs to be further improved. In view of the above situation, we should actively learn from foreign legislative experience to improve children’s legal protection system.From the current situation of the judicial protection of children’s rights legislation, lacking of children’s judicial institutions, workers’ professional quality to be improved, further playing of the community correction functions and imperfect legal aid system are the problems. The improvement of the professional level of institutions and personnel, perfecting the judicial procedure and giving full play to the legal aid in the maintenance of the interests of children.From the current situation of the administrative protection of children’s rights legislation, the supporting system is insufficient. Currently, the departments of protecting children’s rights have no law enforcement power, leading to the poor work administrative protection. The Necessity of establishing specialized agencies which have legal power to protect the rights of the child is reflected.The improvement of the legal protection of children’s rights is a system guided by moral guidance, guaranteed by legal regulation and realized by implementation capacity. The future of children is the hope of the motherland and the development of children is the future of our country. The legislature, government departments, legal professionals and the whole society need make joint efforts to take care of the children and to improve the legal protection for them.