The Practical Basis and Institutional Rationality of the Principle of Being Most Beneficial to Minors
The expression pattern of"being most beneficial to(the guardian/minor children/adopted persons/minors)"is adopted uniformly in the Civil Code of China and Law on the Protection of Minors of China,thus the basic connective principle of the legal system on minors is established,namely the principle of being most beneficial to minors.This principle has two dimensions of inheriting the practice of domestic rule of law practice and transforming the obligation of international convention.The analysis of interpretive documents and judicial data shows that the application of this principle is mainly in a dot-matrix pattern,and there are some problems such as insufficient coverage,inconsistent standards,and mechanical citations.By reference to the system of international norms,clarifying the essence of the rights,the institutional constraints,the level of effectiveness and the procedural guaranty of the principle of the best interests of the child is conducive to adding systematic,dialectical and self-consistent institutional rationality to the application of the principle of being most beneficial to minors in China,thus developing such expression with Chinese characteristics into practice with Chinese characteristics through making right-centered nature clear,standardizing the determination of rights and interests,and coordinating protection mechanisms,conducting the analysis and judgement of an individual case in a case-by-case manner.
the Principle of Being Most Beneficial to Minorsthe Principle of the Best Interests of the ChildEssence of RightsSystematic Application
万方数据
维普
