“婴儿安全岛”保护实践的启示

Inspirations from the Practices of Baby Hatch Protection

弃婴是多重弱势社会群体。我国的儿童法律体系在弃婴保护上存在明显不足。'婴儿安全岛'作为一种新的保护实践,虽然存在较大的理论争议,目前的实践也存在不少困境,但是这种新的保护模式蕴含的更新儿童保护理念、创新制度体系及培育文化土壤的思路是值得肯定的。

The abandoned children,standing at a pose of social vulnerable group,are one of the main content of human rights protection.In recent years,our country has witnessed an increasing grow of abandoned children,in which girl baby and disabled or illed baby account for large part,as a result,driving protection practice has already became an imminent task for abandoned children.Through legislative protection,which is the important form of human rights protection,has a broad coverage for the abandoned babies,it also get stuck in many a defects.Firstly,the welfare legislation of Chinese children is not perfect enough to provide abandoned infants with welfare guarantee.Secondly,the inner coordination of current system is insufficient,that is,the regulations of related enactments of high level is too opaque to provide protection,however,the authority of series of laws and regulations of low level is too limited to play its role in safeguarding the abandoned infants.Thirdly,the liability standard is not clarified yet,which inevitable brings about difficulties in decisions of crime of intentional homicide,crime of intentional injury and crime of abandoned.In fact,some abandonment behaviours even don’t get into the threshold of criminal procedure.Fourthly,the settlement of abandoned infants bears out several drawbacks.On the one hand,the legal welfare institutions cannot enable itself to satisfy the practical needs of abandoned children,on the other hand,non-official institutions are hard to get forward resulted by the complicated examination and approval procedures.In addition,family adoption and placing children in other families also go up to a statement of dilemma.