Protection Of The Personality Rights Of Minors

Minors determine the future of the motherland and are essential to the prosperity of the country.Since the signing of the UN Protection of Children's Rights in 1992,China has continuously strengthened the protection of minors.Specifically,General Principles of Civil Law of the People's Republic of China,Law of the People's Republic of China on the Protection of Minors and Anti-Domestic Violence Act of the People's Republic of China provide the legal basis and judicial protection for the rights of minors.However,the protection of children's personality rights is not sufficient,especially the guardian's violation of the right of minors' personality,which has not caused widespread concern.In fact,such cases abound,but few people take responsibility for this,which makes it difficult to obtain effective relief after the minor's personality rights are damaged.Firstly,it summarizes the achievements and shortcomings of the protection of the rights of minors in China,and describes in detail the status of guardians' violation of the right of minors.Secondly,from the difficulties in relief,this paper discusses the predicament of protecting the right of minors in China to find a protection road suitable for China's national conditions.Finally,this paper draws on the relevant experiences of some countries and regions,and proposes suggestions for improving the protection of the rights of minors in China from the aspects of perfecting the personality right law,improving the guardianship system,establishing guardianship tort liability and strengthening the special protection for minors.The first part summarizes the present situation of protecting the personality right of minors in our country.China has made some achievements in the work of protecting the personality rights of minors:it has strengthened the concept of protection of the personality rightsof minors,initially formed the relevant legal system system,formed an effective protection mechanism,and piloted parental education in practice.However,there are many shortcomings: the level of legal protection does not form the most conducive to the protection of minors,the protection of minors of the special legislation is not perfect,the right to personality stay in principle provisions,in the area of administrative protection,there is a lack of special departments to protect the rights of minors,the organization and institutions can not coordinate the problem.Secondly,the behavior of guardians violating the personality rights of minors is discussed concretely.This kind of behavior includes scolding,insulting minors,violating the privacy of minors and other forms,not only the tort subject is special--The guardian of the minor,but also the behavior often has the characteristics of the secrecy of the place,the non-fixation of the occurrence time and the concealment of the result of the infringement.Such acts occur frequently,but few guardians are held accountable,which is not conducive to the realization of the protection of the personality rights of minors.The second part discusses the predicament of the protection of the personality right of minors in our country and analyzes its reasons.Such acts are difficult to detect,the specific criteria for violations are unclear and the remedies are difficult to apply,creating a situation in which it is difficult to provide relief to minors.The reasons for the Guardian's infringement of the minor's personality rights include the self-cause of both the Guardian and the minor,the social and historical reasons and the reasons for the insufficiency of the legal provisions.The third part introduces the legislative experience of protecting the personality right of minors in Britain,the United States,Japan andTaiwan.In general,respect for the status of minors,the improvement of operational laws,the establishment of special protection institutions are conducive to the protection of the personality rights of minors,in addition to other measures,such as the improvement of compulsory reporting system,strengthen parental education,increase publicity efforts.The last part of the article puts forward some suggestions to improve the personality right of minors in China.First,it is necessary to improve the relevant legislation on the personality rights of minors,establish the "principle of the best interests of the child",provide for special protection of the minor's right to personality,and improve his personality rights.Second,improve the revocation of the Guardian qualification system,clearly revoke the conditions and scope of guardianship qualifications,standardize the restoration system.Third,in the tort liability law,the establishment of guardianship tort liability,improve its constituent elements: the existence of guardian infringement of the illegal acts,the act violates the rights of minors,and caused its damage;there is a causal relationship between the tort and the result of the damage;and the principle of imputation without fault is adopted.And clarify the mode of responsibility: to stop the infringement,eliminate the impact,restore reputation,apologize,causing serious moral damage should also bear the moral damage compensation.Finally,improve other measures to protect the personality rights of minors,such as the establishment of special specialized institutions for the protection of the rights of minors,strengthen the parental education of guardians,improve the procedures for the protection of Rights.