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On The Protection Of Children's Right To Health In Private Kindergarten In China

Posted on:2020-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2416330572494315Subject:legal
Abstract/Summary:PDF Full Text Request
Health is not only the symbol of a good life for people,but also the basis for the continued development of society.As a fundamental right enjoyed by human beings,the right to health has been recognized and valued in the relevant documents of international conventions and the constitutions of some countries.Under the trend of close attention and practical protection of the right to health in the international community,how to protect the right to health of young children has become the focus of our society at present.Based on their own special psychological and physical characteristics and as a member of the vulnerable groups in society,young children determine that the right to health of young children should not only stay at the level of equal protection,but also require the joint efforts of the State and society.Realization of the right to health of young children and Promote the healthy growth of young children.Since the reform and opening up,the development momentum of private kindergartens has not only alleviated the pressure of running public kindergartens,but also accumulated rich experience for the reform of education system in our country.However,in recent years,a series of events that damage the health rights and interests of young children have occurred in private kindergartens,so we can see that private kindergartens not only promote the development of early childhood education in our country,but also have some problems.These problems seriously threaten the healthy growth of young children.In recent years,although our country has made great achievements in ensuring the right to health of young children,it has formulated some laws and regulations on the protection of the rights of young children,but due to the laws related to the right to health of young children Laws and regulations fail to form a system,so that there are still deficiencies in the right to health protection system of young children.Based on this realistic background,this paper leads to the protection of children's right to health,which frequently occurs in private kindergartens at present,and leads to the protection of children's right to health.In addition to the introduction and conclusion,the main body of the article is divided into five parts: the first part,through the collection and analysis of the typical events that infringe on the health rights and interests of young children in recent years,This paper explains that the phenomenon of infringing the health rights and interests of children in private kindergartens is more prominent,and puts forward the writing purpose of this paper,that is,how to protect the right to health of children in private kindergartens.The second part,the meaning of the right to health of young children is discussed concretely.Combined with the international conventions and the views of domestic scholars,this paper explains the concept of health and the right to health,analyzes the meaning of the right to health of young children,and analyzes the content of the right to health of young children,so as to distinguish the right to health of young children into children.The right to physical health of children and the right to mental health of young children.The third part,through the analysis of the existing literature and the existing laws and regulations related to private kindergartens,the author expounds the problems and causes in the process of protecting the right to health of young children in private kindergartens in our country.There are three main problems: 1.The legal norms of private kindergartens are not perfect.2.the protection of the government to perform the function of administrative punishment is invalid;3.The channels of complaint and litigation relief are not smooth;the author believes that the root causes of the above problems lie in: first,the low access standard of private kindergartens in our country;second,the neglect of government functional departments to the private children.Supervision of the Child Park.The fourth part mainly expounds the prevention of the violation of children's health rights in the private kindergarten in China.Second,China's government needs to fulfill the supervision obligation of private kindergarten.In the fifth part,the author puts forward the way of relief after the violation of children's health rights in private kindergarten in China,which should be mainly public legal relief,supplemented with private law relief,which constitutes the relief system of public law and judicial relief.First,through the way of public law relief,mainly including perfect guardian appeal system,rely on the government functional department to attack.The phenomenon of harming the right to health of children in private kindergartens strengthens the intensity of administrative punishment,and the violation of children's physical and mental health can also be alleviated by filing criminal proceedings.Second,through the channel of private law relief,according to the educational contract agreement between children and private kindergartens,the right to health of children in private kindergartens can be relieved by filing civil proceedings.
Keywords/Search Tags:private kindergartens, children's right to health, problems, prevention, relief
PDF Full Text Request
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