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Children’s Rights Protection Mechanism Of International Law Research

Posted on:2017-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2296330485489705Subject:International Law
Abstract/Summary:PDF Full Text Request
The development of the international children’s rights law can be divided into three stages: the first stage is to admit of children is the international law protection object, of the members is the international society. On the second stage is from international law to children’s rights entity; The third stage is to admit children’s basic rights at the same time, to admit that they have to exercise and requirements necessary for these rights and freedoms ability on the procedural law. Protect children’s ideas while in the period of slavery society have begun to bud, but the children really be protected by law as the right subject is the process of slowly. Especially in our country, because the traditional ideology and culture of Confucian and grandmather the long-term effects of the Chinese nation has always been to love children is also increases, but this does not mean love for children increases children’s rights has obtained the corresponding recognition and effective protection. Therefore, in this paper, starting from the basic problem of children’s rights, analyzing the connotation of children’s rights, content and basic principles for the rights of children have a comprehensive understanding of, and then elaborated on the international children’s rights of the legislative, judicial and administrative dynamics, through the comparative study on the developed countries in the world and the related legislation and measures of protection of the rights of children in our country, combining with the actual situation of our country to absorb foreign advanced legislation experience and measures, strive to improve the plight of children’s rights protection in China, for children’s rights to protect their own meager strength.This article consists of three parts: introduction, body and conclusion three parts, including the text is divided into three parts.The first part of international law protection for the rights of children made a comprehensive and basic overview. Firstly analyzed how to define the legal concept of children and children’s rights, expounds the basic content and basic principles of international law to protect the rights of children, and then from the international legislative, judicial, administrative three different angles expounds the children’s rights protection mechanism. The first part make readers, content, the meaning of the children’s rights protection mechanism of the principles of international law and the rights of children have a more basic, comprehensive and accurate grasp. Since the early 20 th century, children’s rights protection in the United Nations and other international organizations and governments around the world and scholars to get rapid development and great progress.The second part expounds the mechanism of protection of the rights of children at home and abroad and analyzes. First of all from the United States, Britain, Japan’s representative developed country children’s rights protection mechanism in developed countries are introduced and a brief evaluation. Then introduces the children’s rights protection in China from the perspective of domestic legislation, the judicial and administrative situation, through the comparative study on children’s rights protection mechanism at home and abroad to promote children’s rights protection in China’s legislation and measures to improve and progress.The third part through the international children’s rights protection knowledge and comparative research both at home and abroad finally locate in the improvement of the children’s rights protection in China. Separately from the legislative, judicial and administrative of three aspects, through to the foreign system of law to protect the rights of children and the practical experience for reference, and combining the actual situation of our own proper absorbing advanced experience at home and abroad for reference, to find the perfect legislation of children’s rights protection in China and countermeasures. Legislation on the first set up the concept of the law to protect children’s rights in the whole society to protect children’s rights concept gradually thorough popular feeling, can be do to protect children’s rights to participate in the state of the formulated relevant with comprehensive legislation to implement special legislation to protect the rights of children. Then draw lessons from the domestic and foreign advanced legislative experience to perfect our children’s rights protection legislation system. Justice, and improve the specialized children’s rights protection, improve the legal level and quality of personnel, perfect the legal system of children’s rights protection, at the same time guarantee the rights of children to protect the smooth implementation of relevant laws and regulations. On the administrative, specializes in children’s rights protection administration institutions and perfect the relevant administrative rules and regulations, and improve the function and role of the government in the protection of the rights of children.Is to do for the perfection of mechanism of children’s rights, the rights of children are protected from the actual meaning is a long way to go to work, not only including the conceptual change law also includes the improvement of the legislation, and the corresponding judicial and administrative measures, can we make the protection of the rights of children radically implemented. Therefore, the protection of the rights of children not only is the responsibility of parents and school, society and the government’s responsibility, is also the responsibility of the national and international, is only possible through the joint efforts of everyone in a relatively short period of time to improve the protection of the rights of children.
Keywords/Search Tags:children’s rights, protection mechanism, the convention on the rights of children
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