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The Analysis On The Protection Of Rights Of Illegitimate Children In China

Posted on:2020-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:P P ZhangFull Text:PDF
GTID:2416330572994336Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a special vulnerable group,illegitimate children are not only one of the important subjects in modern parent-child relationship research,but also one of the important objects that human rights theory research cannot ignore.The illegitimate children have historically suffered social discrimination and persecution.With the development of society,people gradually realize their interests and rights.Countries around the world now generally adhere to the principle of "the best interests of children",and set up a series of legal systems to effectively protect the rights of illegitimate children.Great achievements have been made in protecting their rights in China.But there is no denying that we still need to improve the protection of their rights.The illegitimate children as the research object,this article points out their realistic condition and relevant legal provisions in our country,which explains the important legal value of protecting legitimate rights and interests of illegitimate children.This paper analyzes the existing protection methods of illegitimate children,which puts forward corresponding countermeasures about how to safeguard illegitimate children better.Besides preface and epilogue,this article text is divided into four parts.The first part is to point out the reality of " illegitimate children ".First of all,it explains the three kinds of theories of definition about " illegitimate children ".Second,it reveals the real problems faced by illegitimate children,such as difficulty in entering the family,difficulty in going to school,damaged custody and poor psychological conditions.The second part is to justify the protection of illegitimate children.This paper demonstrates the necessity of protecting illegitimate children from the perspectives of reproductive rights,equal value and justice value,and affirms that protecting the rights and interests of illegitimate children is an important measure to attach importance to individual rights,conform to human rights theory and maintain social equity and justice.The third part is to comb and analyze the difficulties of illegitimate children.While pointing out the progress and achievements,this paper focuses on the defects and deficiencies of the existing protection methods from the administrative,legislative and judicial aspects.The fourth part is to explore the path of protecting the rights of illegitimate children.First,implement the concept of the rights of illegitimate children,improve the legal content and standardize the legal system.Second,reform the household registration system and deepen education services.Third,attach importance to the right of illegitimate children to express their opinions,and achieve judicial benefits by reducing litigation costs and increasing protection in judicial aspects.The conclusion part is to sort out the general idea of the article,and briefly evaluate the significance of protecting the rights of illegitimate children in China.The illegitimate children,due to their birth status,psychological status,education,household registration and other factors,have suffered serious damage to their rights of life and development.Based on the reality of their rights in China,this paper demonstrates the necessity of protecting their rights by means of reproductive rights,equality values and justice values.We should constantly optimize the legislative,administrative and judicial systems,and strive to change the current embarrassing situation of illegitimate children in China,so as to make the protection of their rights a legal practice.
Keywords/Search Tags:illegitimate children, minor children, protection of rights, human rights
PDF Full Text Request
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