Legal System Of Protecting Children’s Rights In Japan And Its Inspiration On China

Children are the futures of motherland and the hope of nation, all the countries always pay great attention to children’s care, education, supervision and protection. As the close neighbor of China, Japan is doing the same way. It is well known that the ancient Chinese judicial system exercises a great influence on generation and development of Japanese judicial system. However, after the second world war, a series of legal system implemented by Japan was affected from the occupying HGQ(General Head Quarters) composed America mainly, and Constitution of Japan(1946)was the outcome of that.From the view of the Legal System of Protecting Children’s Rights, establishment of the Constitution caused all the changes occurred in legal system. Under the spirit of the constitution, a complete protecting system was formed, it could be divided into six parts: civil relationship, child welfare, education, social environment, juvenile justice and organization construction. Child welfare law, Education Basic Law and Juvenile Custody are the most important laws of the above legal systems. Since the Japanese government and politician always knew that the Constitution was made by pressure imposed from America, as well as the three laws above. Therefore, if there are some issues happened due to the modification of laws, the laws were against by most citizens in Japan. However, it is an undeniable fact that the external compulsion contributed precisely to the change of national education, child welfare and juvenile justice system after the war. Looking back the history, the laws made at that time were in keeping with aspiration and benefit of the citizens.The legal system of our country is not perfect but highly significant especially in area of child welfare. The government of Japan has early enacted Child Welfare Law and the laws associated with child welfare in order to protect their rights, set up specialagency and concrete implementation by professionals simultaneously. When they are facing the problems in practice, they will repeat doing theoretical discussion and research in order to improve the laws. By given this, this paper will collate the materials related to Japan Juvenile Law System, law-making stipulation, latest research. Also it describes the Legal System of Protecting Children’s Right in Japan. There are three parts including preface, body and conclusion in this paper. The body includes five parts below.Part Ⅰ: Conspectus on The Child Protection and its world trend. This part distinguishes the Child from the youth based on an exact definition of child. Then it introduces the history, the relative theory basis and international convention of child protection.Part Ⅱ: The legislation and law enforcement of Child Protection in Japan. This part analyzes the legislative basis and principles of protecting system by its legislative survey, legislation system and implementing agency, it also discusses about the child welfare which is still not perfect in China.Part Ⅲ: Home Protection of the Child Protection in Japan. This part emphasizes the home protection.Part Ⅳ: The Child Protection process by new revised draft of Civil law of Japan.New Revised draft of Civil law of Japan was passed in 2012, it amended the Child welfare law from the view of prevention of Child Abuse and child protection. As the new law just implemented 2 years, there is no answer whether the modified content is correct or not even though problem existed in real situation. Therefore, the emphasis of analyzation is about interpretation of amendment and evaluation of theoretical perspectives.Part Ⅴ: Inspiration from Child Protection in Japan. First of all, it points out the government of China devote much attention to child protection. However, the protection system has some problems caused the damage to children’s benefits. This part brings forward to some suggestions that the government and legislature should consider the domestic situation, in the meantime, refer to the advanced Legal System of Protecting Children’ Right in Japan, for further improvement of legislation mechanisms andimplementation mechanisms.