On The Perfection Of Protection Of Children's Rights In China

As a special human right,children's rights are the special priority protection needed by children based on their special physical and psychological characteristics that are different from those of adults.It has comprehensive,special and dual characteristics.Adult society's recognition of the status of children's rights has gone through a long process.Modern scholars such as Locke,Rousseau,and Kant have laid the ideological foundation for the formation of children's rights.At the same time,international human rights documents and international constitutions recognized by the international community The basic rights enjoyed are recognized,and children gradually transition from being regarded as parents' private property to gaining the status of the subject of rights.The arrival of the "Rights of Rights" requires the international community and government to pay attention to children's rights and their protection.As the first convention that comprehensively addresses children's rights and freedoms,the Convention on the Rights of the Child establishes the principle of the best interests of the child,the principle of equality(non-discrimination),the principle of respect for children's opinions and the principle of maximum survival and development to guide children's rights legislation in various countries,Judicial and administrative protection activities.In addition,from the perspective of the nature of rights,children,as citizens,enjoy the same basic rights as adults,such as equality,partial political rights,freedom of spiritual and cultural activities,personal freedom,and personal dignity;and based on the special physical and mental conditions of children,It also enjoys special rights exclusive to children,which can be summarized as rights involving basic interests,protected interests,development interests and protected interests.Although children's rights as a form of human rights do not depend on the existence of law,they are realized by law.Only through the regulation of laws or systems can children's rights obtain the most effective and practical guarantee.At present,China has initially formed the Constitution as its command,with three special child rights protection laws as the core of the "Law on the Protection of Minors","Law on the Prevention of Minor Crimes" and "Compulsory Education Law".The Tort Liability Law,the Criminal Law,the Anti-Domestic Violence Law and other laws and administrative regulations supplement the legal system for the protection of children's rights,and provide institutional guarantee for the protection of children's rights in China.However,the violation or neglect of children's rights in practice is still widespread,and it is urgent to improve the relevant legal system,improve the legal protection system and protection of children's rights,and comprehensively guarantee the realization of children's rights.Based on my country's current legal system for the protection of children's rights,this article analyzes the special provisions for the protection of children's rights,starting from the Constitution text.In addition,focusing on the analysis of specialized child protection laws such as the "Law on the Protection of Minors" and combining relevant judicial practice cases,on the one hand,the inherent child rights protection principles will be applied to the entire legal system to improve the consistency of the value pursuit of the internal system;On the other hand,it promotes the logical rigor of external child rights protection rules,which is manifested in the need to improve the existing system and solve the contradictions or discord between the legal norms,and to set up relevant systems as needed to fill in the blank areas.To enhance the completeness of the rules and achieve the legislative purpose of comprehensive protection of children's rights.