Research On The Legal Regulation Of Abandoned Children In Hospitals

The healthy growth of minors needs the care of guardians,the nation,the community and other parties.Also,it is the common liability of the whole society.In recent years,great progress has been made in the protection of minors,nevertheless,there are still some vulnerable children who are abandoned in hospitals for a long time.According to the survey by the Shanghai Municipal Health Bureau and Shanghai Women's Federation,by the end of 2013,the number of children abandoned in children's hospital had reached 61,and one third of the 80 hospitals surveyed have abandoned children.144 children are abandoned in hospitals,accounting for almost one-tenth of the 1289 cases of abandoned children.They are left in hospitals by guardians for various lengths of time,some within three months,while others more than 3 years,which causes the following negative effects.First,medical faculties face real challenges on how to care for abandoned children with limited room and medical staffs resources.Besides,the guardian does not perform guardianship duties or bear raising obligations objectively or subjectively.What's more,the act of abandoning seriously violates children's survival and health rights.Lacking the sense of family belonging,identity and and security,abandoned children are vulnerable physically and mentally.Also,there will be greater risks of going to extremes and developing paranoid personality,and becoming juvenile delinquents.However,lack of effective regulation and measures in our legislation,such as unclear punishment and procedures,to some extent,condoned children abandon,avoiding the guardians of their legal responsibilities,all which made the situation more serious.Based on civil law,criminal law and administrative law of our country,the thesis is focused on the research of guardian's abandoning children.The author studies the legal liability of the corresponding family member who abandoned children.The author tries to work out practical measures suited to local conditions to improve and develop the children guardianship system.This paper is divided into the following five parts.The first part is the introduction,which includes research background,methods,contents,and existing research at home and aboard.The second part is an overview of abandoning behavior.The write will define of the behavior and age,gives an analysis on reasons of children abandoned which includes newborns with illness or disability,juvenile pregnancy,unmarried birth,and baby girl abandon due to patriarchal of conservative thought.Also,the paper makes a thorough discussion on abandoning behavior constituting of subject,subjective,object,objective,and all other elements.The third part is mainly about the liability of abandoning children.After the analysis of abandoning children behavior,the paper expends the analysis of the legal liability coming with it,first,on combing the history evolution and legislation status of China infant legal protection;then focusing on the discussion of the guardianship nature and the legal status of the children guardian.On this base,the paper makes a deeper research on children guardian's obligations and liability from different aspects which are on the children guardian's obligations;the legal relief of the ward and existing problems;the legal liability of children guardian and the reduce and freedom of the guardian liability.The fourth part lists children rescue system of other countries and regions for our reference.Compared with those successful cases and related legislation from advanced countries and regions,there are still some to be improved to develop the children support system in China.The paper focuses on the cases study of related legislation in HongKong,Taiwan region as well as in USA,Italy,Finland,Australia,Canada and Japan.The fifth part provides countermeasures and suggestions to solve the problems of children's being abandoned in hospitals.With the development and improvement of the children welfare system,it is important to establish a legal system specially for children's well-being which corresponds to the economic development of China with clear division of duties and coordinative efforts,especially to perfect all measures after the revocation of the guardianship.In terms of civilian management,a information platform and temporary care services should be introduced locally for abandoned infants and children.Adoption and charity fostering procedures should be simplified to help these children in need.In terms of procedure legislation,a research and evaluation system with more details should be set up to enlarge the scope of applicants,proper functions needs to be set by related organizations,the nature and scope of judgment to revoke the guardianship should be clarified with guarantee of afterward settlement.In terms of system supervision,adoption archives should be set up to track the situation of adoption.Appealing system for the adopted and the third party impeachment system should be established as well.