儿童利益最大化原则在学前教育立法中的落实

Application of the Principle of Maximizing Children’s Benefits in the Legislation of Preschool Education

在学前教育立法中落实儿童利益最大化原则,应以明确儿童利益最大化原则的合理内涵为前提条件,以在立法中列举评判儿童最大利益的各项要素为重要内容,以建立程序性机制为重要保障。我国《学前教育法草案》还存在弱化儿童利益最大化原则地位、评估儿童最大利益的考量因素过少、缺乏儿童利益最大化原则的程序性保障等不足。我国应当在学前教育立法中凸显儿童利益最大化原则的法律地位,明确儿童最大利益的评估标准与确定机制,制定落实儿童利益最大化原则的程序性机制。

In order to implement the principle of the best interests of children in preschool education legislation, we should clarify the reasonable connotation of the principle as the prerequisite, list various elements for judging the best interests of children in legislation as the important content, and establish a procedural mechanism as the important guarantee. There are still some defects in the draft of China’s Preschool Education Law, such as weakening the status of the principle of best interests of children, lack of considerations to assess the best interests of the children, being short of procedural guarantee of the principle and so on. China should highlight the legal status of the principle of best interests of children in preschool education law, define the evaluation criteria and identification mechanism of the children’s best interests, and formulate the procedural mechanism for the implementation of the principle.