Legal Protection of the Rights of Minors: An Analysis of Current Legislation in China and the United States

Authors

  • Dan Qiao

DOI:

https://doi.org/10.54097/wmm1w173

Keywords:

Minors, Rights protection, Personality rights.

Abstract

Minors, as the future of the country and the hope of the nation, with the increasing recognition of their dominant position in China, although the state and society have given high attention and continuously improved relevant laws and regulations to safeguard their rights and security, such as the Law of the People's Republic of China on the Protection of Minors Article1the Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on the Prevention of Crimes Committed by Minors, the Constitution, the Compulsory Education Law and so on, these legal provisions are intended to provide comprehensive and multi-dimensional protection for minors and ensure that their physical and mental health are not violated. However, even in such a legal environment, the undercurrent of violating the rights of minors still persists. This paper is a legal essay on the protection of minors, summarizing the achievements and shortcomings of China and the United States in safeguarding the rights and interests of minors. This paper analyzes how society, schools, and families unintentionally touch the boundaries of minors' rights. Drawing on relevant experiences from the legal systems of China and the United States, this paper identifies the problems and offers suggestions for improving the protection of minors' rights.

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References

[1] China Children's Welfare and Adoption Center. (2022) Blue Book on the Development of Child Protection in China.

[2] The Supreme People's Procuratorate. (2024) Between 2020 and 2023, prosecutors across the country have filed charges against 243,000 perpetrators of crimes against minors.

[3] Article 132 of Constitutional Law of the People's Republic of China.

[4] Xie Xiaoxiao vs. Chen Xiaoxiao.

[5] Article 46 of Constitutional Law of the People's Republic of China.

[6] Article 132 of Constitutional Law of the People's Republic of China.

[7] Article 234 of Criminal Law of the People's Republic of China.

[8] Article 17 of The People's Republic of China Mandatory Education Law.

[9] Article 15 of Labor Law of the People's Republic of China.

[10] United States. (2000) Children's Online Privacy Protection Act (COPPA).

[11] The Rose. (1974) Child Abuse Prevention and Treatment Act.

[12] United States. (2000) Children's Online Privacy Protection Act.

[13] United States (USA) Children's Internet Protection Act (USA-CIPA).

[14] The United States. (1938) Fair Labor Standards Act (FLSA).

[15] International Law (1989).

[16] Article 46 of Constitutional Law of the People's Republic of China.

[17] Prevention of Juvenile Delinquency Law (1999).

[18] The Supreme People's Procuratorate and the Supreme People's Court. (2002) Provisions on the Procuratorial Organs Handling Criminal Cases Involving Juveniles.

[19] The Supreme People's Procuratorate and the Supreme People's Court. (2002) Interpretation on the Specific Application of Law in Adjudicating Criminal Cases Involving Juveniles.

[20] CCTV News. (2023) Illegal child labor is on the rise in the United States, up 14% from last year.

[21] The Guardian (US).

[22] United States of America. (1989) United Nations Convention on the Rights of the Child.

[23] United States. (2000) Convention on the Elimination of the Worst Forms of Child Labor.

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Published

07-11-2024

How to Cite

Qiao, D. (2024). Legal Protection of the Rights of Minors: An Analysis of Current Legislation in China and the United States. Journal of Education, Humanities and Social Sciences, 39, 453-462. https://doi.org/10.54097/wmm1w173