2014年9月1日星期一

a typical case of the Supreme People's Court published in Fujian Province

at the end of the nineteenth Century England, a 8 year old girl was parental long-term abuse, but the court with no legal grounds, to pay no heed.

A

session, has been promoting "banning animal cruelty legislation" lawyer Rock came into the court with a cloak that covered all over with cuts and bruises, a little girl in front of the judge, righteousness is words to say: "I asked the court quoted the animal protection law, protect the little girl! Because the child, also is a much cruelty to animal!"

The birth of

, the world's first child welfare protection act. More than a century later, the rights of the child protection law system Chinese still hesitate before, this reporter an exclusive interview with Professor of Shanghai Institute of Political Science and Law, Shanghai minors Method Cheap Bills Hats Research Association Yao Jianlong.

is our child protection

The existence of

"Yingshang"

reporter: how to present Chinese child protection legal system?

Yao Jianlong: the legislation to protect minors through a process of development. In 1987 June, "Shanghai Youth Protection Ordinance" promulgated, this is the development of China's first local youth protection regulations; in 1991, China's first national juvenile protection special statute "the law on the protection of minors" formally promulgated and implemented; in 1999, "the prevention of juvenile delinquency law" formulation.

this is a very clear line. The general trend is to change the traditional protection of Cheap Steelers Hats minors affiliated provision legislation pattern, gradually evolved to the independent legislation pattern, this kind of transformation in accordance with international law. The juvenile legislation and adults to distinguish, to respect the uniqueness of minors.

even so, China's current juvenile protection system is not perfect, the protection of minors special regulations are still Cheap Falcons Hats lacking, the law on the protection of Cheap Texans Hats minors has formulated the operability is not strong, the existence of "yingshang". For example, "all citizens, institutions, organizations have the authority and obligation to protect the personal safety of minors", but did not perform the specialized agencies.

for example, child abuse is not in the criminal law specifically charges, also suitable for adults "crime of abuse" standard does not give the necessary respect for the particularity of child abuse, child abuse behavior leads to unnecessary punishment. As "the crime of intentional injury" this one accusation also has serious problems, a lot of intentional injury minor plot bad behavior, often because the judicial identification is usually not up to standard "minor" not necessary punishment.

custody transfer

"looks very beautiful"

reporter: Recently, a typical case of the Supreme People's Court published in Fujian Province, first Cheap Bears Hats because of minor son mother long with abuse, revoke the guardianship law cases. It means that the "custody transfer" may clear?

Yao Jianlong: Europe and the United States, Japan has enacted the child welfare legislation, from a legal perspective. "

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