儿童发展权保护立法研究
发布时间：2018-12-09 15:17
【摘要】： 本研究尝试以《儿童权利公约》中的儿童发展权规范与立法原则为参照,分析我国儿童发展权保护立法中存在的问题及其原因,进而提出完善我国儿童发展权保护立法对策。本研究的范围限于未满18周岁的儿童的发展权保护立法层面。尽管修订后的《未成年人保护法》确立了儿童发展权的法律地位,但我国儿童发展权保护立法仍严重滞后,而且儿童发展权保护立法虽不是一个全新的法律问题,但它得到的关注却一直较少,至今我国法学理论上的探讨为数不多,这就构成了笔者撰写本论文的初衷。 本文以儿童发展权保护的立法为研究对象,从阐述儿童发展权保护的一般问题出发,以《儿童权利公约》为蓝图,分析我国儿童发展权保护立法存在的问题和原因,提出完善相关立法的建议,以期对儿童发展权保护的实践有所裨益。全文结构围绕三个问题展开:第一,什么是儿童发展权、儿童发展权内容包括哪些、《公约》确立的儿童发展权保护立法原则是什么;第二,为什么要完善我国儿童发展权保护立法;第三,如何完善我国儿童发展权保护立法。为了研究这些问题,论文结构除引言外,分成三章。 第一章“儿童发展权保护的一般问题”,首先解释儿童的含义、发展权含义及其内容、儿童发展权含义及其内容、《公约》中儿童发展权的立法原则。是对第一个问题的阐述,也是整篇论文的理论基础。 第二章“我国儿童发展权保护的立法现状”,本章对我国儿童发展权保护立法现状、存在问题及其原因进行了一一分析,即是对“为什么要完善我国儿童发展权保护立法”的阐述。本章的结论至此水到渠成。 第三章“我国儿童发展权保护立法的完善”,是对第三个问题“如何完善儿童发展权保护立法”的探讨。本章按照立法的一般理论,对我国儿童发展权保护立法中存在的问题一一提出完善建议。本章也是全文写作的目的所在。
[Abstract]:Based on the norms and legislative principles of children's right to development in the Convention on the Rights of the Child, this study attempts to analyze the existing problems and their causes in the legislation on the protection of the right to development of children in China, and then puts forward the legislative countermeasures to perfect the protection of the right to development of children in China. The scope of this study is limited to the protection of the right to development of children under 18 years of age. Although the revised Law on the Protection of minors establishes the legal status of the child's right to development, the legislation on the protection of the right to development of children in China is still seriously lagging behind, and although the legislation on the protection of the right to development of children is not a completely new legal issue, However, its attention has been less, so far there are few discussions on the theory of law in our country, which constitutes the original intention of the author to write this paper. In this paper, the legislation on the protection of children's right to development is taken as the research object, starting from the general problems of the protection of children's right to development, and taking the Convention on the Rights of the Child as the blueprint, this paper analyzes the problems and causes of the legislation on the protection of the right to development of children in China. Some suggestions are put forward to perfect the relevant legislation in order to benefit the practice of the protection of children's right to development. The full text is structured around three issues: first, what is the child's right to development, what is the content of the child's right to development, and what are the legislative principles of the protection of the child's right to development established by the Convention; Second, why should we perfect the legislation on the protection of children's right to development in our country; third, how to perfect the legislation on the protection of children's right to development in our country. In order to study these problems, the structure of the paper is divided into three chapters except the introduction. The first chapter, "General issues of the protection of the child's right to development", first explains the meaning of the child, the meaning and content of the right to development, the meaning and content of the child's right to development, and the legislative principles of the child's right to development in the Convention. Is the first question of the elaboration, but also the theoretical basis of the whole paper. The second chapter is "the legislation status of the protection of the right to development of children in our country". This chapter analyzes the current situation, the existing problems and the reasons of the protection of the right to development of children in China. That is to say, why should we perfect the legislation on the protection of children's right to development in our country? The conclusion of this chapter has come to an end. The third chapter, "the perfection of the legislation on the protection of children's right to development", is a discussion on the third question, "how to perfect the legislation on the protection of children's right to development". According to the general theory of legislation, this chapter puts forward some suggestions on the problems existing in the legislation of the protection of children's right to development. This chapter is also the purpose of full-text writing.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D99;D922.183
本文编号：2369601
[Abstract]:Based on the norms and legislative principles of children's right to development in the Convention on the Rights of the Child, this study attempts to analyze the existing problems and their causes in the legislation on the protection of the right to development of children in China, and then puts forward the legislative countermeasures to perfect the protection of the right to development of children in China. The scope of this study is limited to the protection of the right to development of children under 18 years of age. Although the revised Law on the Protection of minors establishes the legal status of the child's right to development, the legislation on the protection of the right to development of children in China is still seriously lagging behind, and although the legislation on the protection of the right to development of children is not a completely new legal issue, However, its attention has been less, so far there are few discussions on the theory of law in our country, which constitutes the original intention of the author to write this paper. In this paper, the legislation on the protection of children's right to development is taken as the research object, starting from the general problems of the protection of children's right to development, and taking the Convention on the Rights of the Child as the blueprint, this paper analyzes the problems and causes of the legislation on the protection of the right to development of children in China. Some suggestions are put forward to perfect the relevant legislation in order to benefit the practice of the protection of children's right to development. The full text is structured around three issues: first, what is the child's right to development, what is the content of the child's right to development, and what are the legislative principles of the protection of the child's right to development established by the Convention; Second, why should we perfect the legislation on the protection of children's right to development in our country; third, how to perfect the legislation on the protection of children's right to development in our country. In order to study these problems, the structure of the paper is divided into three chapters except the introduction. The first chapter, "General issues of the protection of the child's right to development", first explains the meaning of the child, the meaning and content of the right to development, the meaning and content of the child's right to development, and the legislative principles of the child's right to development in the Convention. Is the first question of the elaboration, but also the theoretical basis of the whole paper. The second chapter is "the legislation status of the protection of the right to development of children in our country". This chapter analyzes the current situation, the existing problems and the reasons of the protection of the right to development of children in China. That is to say, why should we perfect the legislation on the protection of children's right to development in our country? The conclusion of this chapter has come to an end. The third chapter, "the perfection of the legislation on the protection of children's right to development", is a discussion on the third question, "how to perfect the legislation on the protection of children's right to development". According to the general theory of legislation, this chapter puts forward some suggestions on the problems existing in the legislation of the protection of children's right to development. This chapter is also the purpose of full-text writing.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D99;D922.183
【引证文献】
相关期刊论文 前2条
1 肖君拥;;禁止体罚儿童的国际法律规定与国内法律实施——以家庭内体罚儿童为视角[J];北方法学;2010年04期
2 彭清燕;;农村留守儿童平等发展权理论新思考[J];当代青年研究;2012年12期
相关硕士学位论文 前2条
1 李原;我国儿童发展福利问题研究[D];北京交通大学;2009年
2 雷军;儿童信息权利研究[D];黑龙江大学;2012年
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