Legal Research On Rescue Protection Of Troubled Children In Our Country

With the event the "Nanjing Young girl starved to death"as the social background, this article gives an analysis of the concept of "troubled children" which has been brought up with the constant progress of the society in our country in recent years. Nowadays, the problem of troubled children is one of the world’s common issues about children, of course, is also an essential part of child protection work in China. The occurrence of the events such as "Nanjing Young girl starved to death" reflects the problems of the rescue protection of the troubled children in our country in two aspects, especially those unattended children. On the one hand, the academia’s research of the problem--the rescue protection of troubled children focuses on postmortem relief way such as transfer of the custody, institution setting of the rescue protection to the troubled children, meanwhile, the study of the early warning problems of the protection to the troubled children has been marginalized by the academic circle, on the other hand, viewing from the perspective of legal construction, it reflects the existing problems such as incomplete relief system of the troubled children protection in China. Fiscal funds of the current child welfare system in China are only for those orphans registered in the register of government welfare department, however, for the troubled children who have parents or guardian but live in their own family, there is no guarantee of basic life, so it is in lack of relief in both emphasis and the setting of laws and regulations. I think that there are mainly two reasons, one is the Chinese tradition of "family values", namely, the parents regard the child as private property of a family; Another reason is that the legal system of help and protection for troubled children is not sound and the relief ways are relatively lag and so on. Therefore, this article begins with the event "Nanjing Young girl starved to death" and tries to explore the cause of the tragedy; puts forward corresponding countermeasures through the analysis of the defects exists in the rescue protection of children in our country currently, so as to provides the setting up of the troubled children assistance system with Chinese characteristics in the future with experience reference.