To Perfect "Abandoned Island" In Our Country Under The Vision Of Human Rights

In June of 2011, China’s First Baby Safety Island(folk known as "Abandoned Island") established in shijiazhuang, Hebei province. The establishment of "Abandoned Island" makes the baby up 30% survival rate and the child welfare protection in China is abandoned an attempt and exploration of the right to life. In July 2013, The ministry of Civil Affairs on the basis of summarizing the experience in local, issued by the general office of the ministry of civil affairs about forward Chinese children’s welfare and adoption center to carry out the pilot work plan "Baby Safety Island" notice, request according to the actual situation to carry out the abandoned baby around the island pilot work. This means that welfare institutions set up "Abandoned Island", receives the abandoned baby behavior, recognized by the government, and will promote in the pilot regions.The current academic study of Abandoned Island, in the theoretical basis, forming conditions, and the specific operation mechanism is still not enough system. At the same time, our country has not Abandoned Island related law, some tentative principles of normative documents content and lack of maneuverability, unfavorable to the Abandoned Island run smoothly. Outstanding problems existing in current Abandoned Island include: Baby Island related theoretical basis is not fully demonstrated; Baby salvage and there is a conflict of laws between "Abandoned Island " remains to be further hardware confirmed; Facing adoption, imperfect place, in the operation of the software and facilities lack of difficulties.As a result, this article choose Abandoned Island as the research object, through to the Abandoned Island formation, development and elaborates the outstanding problems that exist in the operation process, using the method of life evolution, national rescue responsibility, children benefit maximization principle theory to analyze Abandoned Island, combined with China’s specific national conditions, put forward new measures to improve the organizational system and reduce the Abandoned Island, seeking to protect baby right of life, enhance the Abandoned Island operation of the feasibility and effectiveness of effective path.The full text is divided into five parts:The formation and development of our country’s abandoned island is the first part. Elaborates the formation and development of Abandoned Island, set the number of Abandoned Island of our country, operation mode, operation effect have a preliminary understanding and the understanding.The second part of legal basis for the Abandoned Island. The establishment of Abandoned Island is the principle of right to life is the highest and child benefit maximization inevitably request, is our government’s responsibility and obligation. Its also the development of China’s human rights should be at the same time, advocates the spirit of the basic principles and the constitution in our country.The third part is the problems existing in the Abandoned Island pilot in China. Abandoned Island belongs to the new things, it is in the period of groping, development is not yet mature. Abandoned in the operation of the island has a lot of problems: such as Abandoned Island operation of the imperfect legal standardization is insufficient, the resettlement plan, software and hardware facilities is insufficient, etc.The fourth part is the reference of foreign baby legal security system. Bill of the United States "Safe Harbor" and "Anonymous Abandoned" system and the establishment of "Back to Retrieve" system for the establishment of our country Abandoned Island and good operation system of a certain reference and theoretical basis.The fifth part for the Abandoned Island and perfect measures to reduce abandoned baby. 1. Protect the biggest rights and interests of abandoned babies were part of the child welfare system, the abandoned child welfare system should be established in our country, and abandoned island cohesion, ensure the survival and development of abandoned baby. 2. Legislation specialization, the specific Abandoned Island. Detailed regulations establishment, Abandoned Island operation, the basic content, such as resettlement and to perfect the relevant legal responsibility and so on. 3. Abandoned island while guarantee the right to life of abandoned babies, but how to radically reduce abandoned baby is still our focus, such as making the children’s welfare law, establish a national medical subsidy and the minimum medical assistance system, improve the neonatal rescue medical system, disease babies, perfect the minimum protection, etc.