《儿童权利公约》的基本原则在《未成年人保护法》中的适用差异研究

Study on the Difference of Application of the Basic Principles of the Convention on the Rights of the Child in Law of the People’s Republic of China on the Protection of Minors

《儿童权利公约》是国际人权条约体系的重要组成部分,明确了儿童作为权利主体的地位。我国自加入《儿童权利公约》后,将其转化为了一系列未成年人保护法律,以《未成年人保护法》为主。然而,《未成年人保护法》中对儿童的地位与《儿童权利公约》存在差距,通过分析《儿童权利公约》原则在《未成年人保护法》中的适用,才能进一步改善并缩小与《儿童权利公约》之间的差距,从而维护儿童的权利主体地位。

The Convention on the Rights of the Child is an important part of the international human rights treaty system,which defines the status of children as subjects of rights.Since China joined the Convention,it has been transformed into a series of minor protection laws,mainly Law of the People's Republic of China on the Protection of Minors.However,there is a gap between the status of children in Law of the People's Republic of China on the Protection of Minors and the Convention.By analysing the application of the principles of the Convention on the Rights of the Child in Law of the People's Republic of China on the Protection of Minors,it is possible to further improve and narrow the gap with the Convention on the Rights of the Child,thus safeguarding the status of the child as a subject of rights.