Research Of Administrative Law On Abandoned Infants Rescue

Assistance for abandoned infants is a persistent security behavior which is taken by administrative organs for the particular disadvantaged groups, namely the abandoned babies. Now the civil affairs departments take action to innovate the specific acts on abandoned babies rescue and set up the "baby safety island" to accept abandoned babies, which leads to the intense public controversy. The current research on abandoned infants assistance mostly look at from sociology, social security and management, however, the relief behavior, the specific procedures as well as the management for the relief behavior are all parts of administrative behavior. Law-based administration is the primary principle which the executive power must abide by. At the present stage, it is necessary for us to investigate the rational limit of infant salvation. Therefore, infant salvation is closely related to administrative law from both the theoretical study and the practical operation. From the perspective of administrative law and in line with the idea of asking questions, analyzing problems, solving problem, this article observes and analyzes the concept of infant salvation, definition of behavior, operation status, the actually existing problems and disputes, and then put forward targeted countermeasures and suggestions.In addition to the introduction and the conclusion, there are divided into five parts:On the basis of perceptual knowledge, the first part analyzes the "baby safety island" events and straightens out characteristics of abandoned rescue. Besides, it makes a conclusion about the controversy of abandoned infant rescue from administrative law, together with clarifying the scope of this study, namely the nature of assistance behavior, the legality and rationality issue.The second part defines the nature of abandoned child relief. Because it does not reach a unified nature in practice, we need to summarize the connotation of the infant salvation by combining the concepts of administrative action and administrative payment behavior, in order to provide a theoretical basis for the analysis of the main problem. The so-called abandoned infant salvation is the administrative activity which means the civil administration and relevant departments give abandoned infants material or non-material interests to protect their right to live and the beneficiary right. Abandoned infant salvation is one of an administrative payment behavior, and a kind of beneficial administrative act, which is the benefit for abandoned children, but the responsibility for administrative government. The legitimate source of salvation comes to the order of protection which social justice and public order and morals, comes to the "national guardianship" which state abandoned the babies.The third part is to sort out the text specification of on abandoned infant salvation, and then find the lacking for legal norms of relief act are more general and policy norms of the larger changes. And because the rescue of abandoned specifications may vary depending weak, set "baby safety island" hard to be governed by the adjustment, and pushed export rescue abandoned acts of the executive authorities can not be taken to break the boundaries of the law reserved. The fourth part we noticed that assistance subject is limited by too harsh, relief means innovation, leading to administrative organs of the rescue ability seriously insufficient, the bearing capacity of the child welfare agencies are forced to reduce, the drawbacks of relief means is difficult to be effectively overcome.The last part of the article attempts to put forward advices from the integration of existing norms about abandoned infants assistance, perfect the relevant legislation, strengthen the public engagement, perfect the supervision and relief mechanism and so on. On the aspect of perfecting relevant legislation, it emphasizes the importance of specific procedural norms. On the aspect of the public participation, we should introduce the folk organizations in order to make state child welfare agencies and non-governmental children welfare institutions can play key roles together.Finally on the aspect of the supervision and relief, we need to take the assistance subject and object of abandoned babies into consideration to carry out supervision effectively and broaden the channels of relief.