Summary: | 碩士 === 國立中山大學 === 中國與亞太區域研究所 === 98 === The child and the youth are the overall national properties. Constructing a safe growth and social environment is the first priority to safeguard its rights and interests. Our country in view of the child-youth rights'' and interests'' safeguard can be seen in the Criminal Law, the Civil Law, the Youth-Event Processing Law,the Child and Youth Sexual Transaction Prevention Act, and the Children and Youth Welfare Act . However, this article aims on “the child-youth sex trade prevention regulations” in view of the country and “the Children and Youth Welfare Act” relevant stipulation, examining the country in regard to promote the positive body-and-mind development of the child and the youth, safeguard its rights and interests, promote its welfare, fulfill the goal of “child and youth’s best interests”, by using the family-care pattern compulsory devices, achieves by the protection placement mechanism''s implementation method, therefore, to finally examine whether the goal and the methods used meet the proportional principle.
This article examines and discusses the foundation of the child and the youth law standard, the legislative reasons and impetus process of child and the Child and Youth Sexual Transaction Prevention Act and the Children and Youth Welfare Act. It compares the relationships between the mechanism of child-and-youth placements and the proportional principle of these two regulations, and therefore, to propose the defects that our country has presented nowadays and provide suggestions and new directions for the government as a reference to emend the law and social workers to implement the child-youth protection placement in a better way in the future.
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