儿童福利之法政策分析

发布时间：2018-03-27 12:15

本文选题：儿童福利　切入点：儿童福利政策　出处：《江西财经大学》2017年硕士论文

【摘要】：全球儿童福利以极大的步伐向普惠型、发展型方向靠近,儿童福利权保障成为现代文明国家不可回避的任务,如何确保儿童福利政策及法律能够最大化的关注儿童福利问题、回应儿童社会问题、满足儿童福利需求,成为服务型政府最为关注的儿童福利议题。儿童福利政策及法律作为儿童福利之规范性文本,是落实儿童福利制度设计最长效、最具强制力的手段,是约束政府儿童福利行政执行与落实的强力武器,是保障儿童福利权的坚实堡垒。儿童福利理论与实践显示,儿童福利制度设计是儿童福利成熟与否的必然标准。但是,受政治、经济发展水平、社会环境以及公众意识等多种因素影响,我国儿童福利制度发展仍比较落后,与发达国家相比相距甚远。具体表现在:从儿童福利政策层面来看,我国虽然形成了比较完备的儿童福利政策体系,但还存在诸多问题。比如,儿童福利相关政策相对分散,未能形成全国统一的儿童福利制度体系;儿童福利政策合法性与可行性存在缺陷,可操作性与实效性不足。从儿童福利法律层面来看,虽然出台了儿童教育、医疗、司法、基本生存保障等方面相关的法律法规,但儿童福利权保障仍存在较大漏洞,形势堪忧。比如,我国尚未制定儿童福利法典,与儿童福利相关的法律交叉混乱、未能形成统一的儿童福利法律体系;儿童福利法律制定主体、内容、制定程序等还有待完善,儿童福利立法研拟、法律的成本与效益分析、以法律实施的社会效果为基础的实证分析方面还有较大提升空间;与儿童福利法律相配套的行政管理体制还存在多头管理、缺少协调与问责机制等问题。为了回应以上问题,就我国而言,需要从儿童福利政策与儿童福利法律两个层面重新审视我国儿童福利制度设计这一课题。首先,需要借助法政策学理论知识,运用法政策分析的思维看待儿童福利并思考儿童福利制度设计之出路;其次,需要积极探索发达国家儿童福利制度设计之启发,取其精华并为我所用;再次,从儿童福利政策层面来看,儿童福利政策理念有待悉心品读、琢磨,提取适合我国国情的普惠型发展理念,实现我国儿童的立体发展,还需提升我国儿童福利政策自身之合法性与可行性,真正发挥政策指导立法的效果;最后,从儿童福利法律层面来看,应尽快制定有效的儿童福利管理体制,出台统一的儿童福利法律,做到有法可依,设置完善的儿童福利行政管理体制,确保执法必严,建立专门的儿童福利经费管理体制,这是儿童福利开展的物质与经费基础。应当说,从法政策分析之视角看待儿童福利可以发现新问题、获得新启发,最终获得儿童福利制度设计的最佳方案。
[Abstract]:The global child welfare is approaching to inclusive and development-oriented, and the protection of child welfare rights has become an unavoidable task for modern civilized countries. How to ensure that child welfare policies and laws can maximize attention to child welfare issues, Responding to children's social problems and meeting the needs of children's welfare have become the most concerned issues for service-oriented governments. Child welfare policies and laws, as normative texts for children's welfare, are the most effective design for the implementation of the child welfare system. The most coercive means is a powerful weapon that restrains the implementation and implementation of the government's child welfare administration, and is a solid fortress for safeguarding the rights of children's welfare. The theory and practice of child welfare show that. The design of child welfare system is an inevitable criterion for the maturity of children's welfare. However, influenced by many factors, such as politics, economic development level, social environment and public consciousness, the development of child welfare system in China is still relatively backward. Compared with the developed countries, there are many problems, such as the relative dispersion of child welfare policies, although China has formed a relatively complete child welfare policy system from the perspective of child welfare policy. Failing to form a unified national child welfare system, the legitimacy and feasibility of the child welfare policy are flawed, operational and effective. From the perspective of child welfare law, although children's education, medical treatment, and justice have been introduced, Basic survival protection and other related laws and regulations, but there are still large gaps in the protection of the right to child welfare, the situation is worrying. For example, China has not yet formulated a child welfare code, and the laws related to child welfare are intersected and confused. The main body, content and procedure of child welfare law are still to be perfected, the legislation on child welfare is developed, and the cost and benefit of the law are analyzed. There is still much room for improvement in the empirical analysis based on the social effects of the implementation of the law. There are still many problems in the administrative management system corresponding to the child welfare law, such as lack of coordination and accountability mechanism. In order to respond to the above problems, As far as our country is concerned, we need to re-examine the design of our child welfare system from the two aspects of child welfare policy and child welfare law. Using the thinking of law and policy analysis to think about the child welfare and the way out of the design of the child welfare system; secondly, we need to actively explore the inspiration of the design of the child welfare system in developed countries, take its essence and use it for our own use; third, From the perspective of child welfare policy, the concept of child welfare policy needs to be carefully read, pondered, and the concept of inclusive development suitable for China's national conditions is extracted to realize the three-dimensional development of children in our country. It is also necessary to enhance the legitimacy and feasibility of our country's child welfare policy and give full play to the effect of the policy guidance and legislation. Finally, from the perspective of the child welfare law, we should establish an effective child welfare management system as soon as possible. To enact a unified child welfare law, to ensure that there are laws to be followed, to set up a sound administrative system for children's welfare, to ensure strict enforcement of the law, and to establish a special management system for children's welfare funds. This is the material and financial basis for the development of child welfare. It should be said that looking at child welfare from the perspective of legal and policy analysis can discover new problems, gain new inspiration, and finally obtain the best scheme for the design of child welfare system.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D998.2

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