On The Principle Of Children's Best Interest

Children are the future and the hope of a nation,and lay a foundation on human society.However,children are at the disadvantage in the whole society.The children who abandons by their families for poor bodies and terrible living environment especially need more help and protection from the whole society.With the development of modern society,giving special protection to the children has become one of strategic work of international community.In the early 20th century,the rise of the industrial revolution and the outbreak of World War II brought great harm to children,since then a lot of countries began to attach importance to the protection of the rights of children on the basis of the reflection on the past.Then the United Nations gradually formed a set of perfect legal system of child protection through a series of international treaties such as the Convention on Rights of the Child in 1989 and progressively established the basic principles of protection of the rights of children.Being in a programmatic and fundamental rule in the protection of children's rights system,Principle of Best Interests of Children is the highest principle that all the countries must follow in dealing with the issues of children.As the member of Convention on Rights of the Child,the principle of best interests of children has gradually been reflected in the policies concerning to children,and applied to a certain extent in our children's field.Due to the factors of ambiguity in the best interests of the child and the Chinese traditional ideas and so on,many problems still exist in the protection of children's best interests in China.The paper is divided into introduction,text and conclusion three parts,in which text part has four chapters.The first chapter is summary of "the legal issues of Principle of Children's best Interest ",which explains briefly the basic principle and problems of children's best interests' theory.First of all,this paper presents the formation of children's best interest principle and its connotation.Children's best interest principle was confirmed in many international documents,and finally was given the effectiveness of the treaty law by Convention on Rights of the Child,became the international social basic code of conduct when dealing with children.Secondly,the author analyzes the problems of the principle of children's best interest in its application.The flexibility of children's best interest principle means that the problems will be caused in its in application,in which the main problems confronting with is the uncertainty problems,culture and value conflicts and the conflicts of rights.The second chapter is the debate about infant safety island under the background of the Principle of Children's Best Interest.In this chapter,the author mainly discusses the practice of infant safety island of our country.The author first introduces the children's best interest embodied in children's policy in our country,and analyzes the actual practice of the safety island in our country.Then,relating to the debates of infant safety island author further analyzes the problems in the practice,and demonstrates the legitimacy foundation of the infant safety island which is a payment measure to fulfill the guarantee of human rights in our country and meets the criteria of maximum benefit.The third chapter is "the enlightenment of Principle of Children's Best Interest to our country".This part presents the regulations relating to children's best interest principle of some major countries,and introduces in detail the baby safe haven law of America and the Anonymous-Born system of French.These babies safety island system considers the best interest of the child as a first consideration,embodying the principle of children's best interests.At the same time,on the basis of learning useful experiences abroad,the author tries to provide some ideas for the establishment of the principle and the improvement of the system of baby safety island.The fourth chapter is "the actualization of children's best interest principle in China",which puts forward some suggestions for the future actualization of infant safety island in China.