Research On The Legal Protection Of Abandoned Children’s Rescue

Child abandonment is a long-standing social problems of countries in the world．Howto effectively rescue of abandoned children, make its return to the family and society has beenthe national efforts to solve the problem．For this reason，the world’s governments andinternational organizations attach great importance to the prevention of child abandonment．Inorder to ensure the realization of the abandoned children’s legitimate rights and interests，theybuild reasonable assistance systems．In our country, because of historical factors and thereality of the dual system, such as the patriarchal tradition thought and the basic state policyof family planning, abandoned phenomenon is more serious in children．In specific rescuework, due to the legal aid system and administrative system is not perfect, the development ofChina’s abandoned children rescue work is still lagging behind．A significant number ofabandoned children has no rescue from the governments. Because of the lack of support forthe poor children and disabled children and their families, the number of abandoned childrenalso presents the increasing trend every year. Therefore, in order to achieve a full life of theabandoned children and reduce abandoned children, we need to learn from the experience ofwestern countries. To fundamentally guarantee the right to survival and development ofchildren, we should make the perfect of the legislation, which establish a strict prevention,matter management and relocation assistance system.According to train of thought "ask questions--analysis problem--problem solving", thepaper is divided into4sections:Part one: The general theory of abandoned children rescue. In the principleinterpretation of the abandoned children, the concept of abandoned children is defined. Theconcept of abandoned children and orphans were compared with distinction. Then, byanalysis of the composition and the causes of the abandoned children in china, this paperpointed out the importance of abandoned children prevention. In part of the legal nature of theabandoned children’s rescue, the paper makes a brief exposition of the meaning and thequalitative. Finally, from the theory of “survival and development of human rights’’,“fair and justice’’, the theory origin of abandoned children’s rescue has been analyzed, which lay atheoretical foundation for further study.Part two: The legal protection of abandoned children in China. First of all, by combingthe abandoned children rescue in international law basis and domestic legislation, this papermake a simple review of current legislation on abandoned children relief and rights protection.The second, this paper describe the actual rescue situation of abandoned children inrehabilitation mode and content system in China. It also summed up the practical difficultiesfaced by the aid of abandoned children, such as the lack of government aid and civil disordermanagement. Finally, the text analysis the causes of the plight of abandoned children rescue.Part three: The legal protection of foreign abandoned children. This section introducesthe United States and Japan’s rescue legislation about abandoned children, children’s reliefand resettlement. By the investigation to the abandoned children’s relief system, we can drawsome experience from the following foreign advanced system, such as completing the legalsystem, perfecting the administrative institutions, adequate funding and social organizations’widely joint.Part four: Recommendations for improvement of the legal protection of abandonedchildren. In the application of the principle part, based on the reality of our country, fiveprinciples are put forward. Children benefit maximization principle, State-led and socialparticipation principle, timeliness principle and so on. In parts of perfecting the legal system,in view of the problems and causes addressed previously, the paper proposed severalimproved measures, such as improving children’s relief and welfare legislation, establishmentof the sustainable financing mechanisms and prevention system.