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儿童权利保护的“最大利益原则”研究(上) 被引量:72

儿童权利保护的“最大利益原则”研究(上)
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摘要 The best interest principle is an important principle established by the Convention on the Rights of the Child to promote the protection of the rights of the child. The principle is important not only because it has the legal effect of treaty law, but also because it emphasizes the protection of the child as a subject of individual rights. The paper focuses on the origin, the interpretation, and the application of the principle and its relationship with Chinese law. By sorting out and analyzing the relevant materials, the author gives an in-depth explanation of the basic meaning of the principle and explores the necessity and the methods of applying the principle in Chinese law. The best interest principle is an important principle established by the Convention on the Rights of the Child to promote the protection of the rights of the child. The principle is important not only because it has the legal effect of treaty law, but also because it emphasizes the protection of the child as a subject of individual rights. The paper focuses on the origin, the interpretation, and the application of the principle and its relationship with Chinese law. By sorting out and analyzing the relevant materials, the author gives an in-depth explanation of the basic meaning of the principle and explores the necessity and the methods of applying the principle in Chinese law.
作者 王雪梅
出处 《环球法律评论》 2002年第125期493-497,431,共6页 Global Law Review
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参考文献1

  • 1Phlip Alston.The Best Interests Principle:Towards a Reconciliation of Culture and Human Rights,1994.

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