Kapitonova Elena Anatol'evna, Candidate of juridical sciences, associate professor, sub-department of criminal law, Penza State University (40 Krasnaya street, Penza, Russia), e-Kapitonova@yandex.ru
Background. With the development of the society in the international and national law more attention is paid to the rights and freedoms of the individual. With the growth of rights protection in the society the attitude towards juveniles has changed (from subjects absolutely subordinate to their parents, almost things, to the modern subjects, protection of which has been of great importance in all countries of the world). Moreover, this trend can be seen clearly by the example of responsibilities. The purpose of the work is to review the historical development of the legal regulation of the responsibilities of the child in Russia and in China, to analyze the process and direction of changes of perception of this category of population in the society.
Materials and methods. The research objectives were implemented through th analysis of main normative acts regulating the legal position of children in Russia and China. The author used the method of dialectics as a general scientific method of knowledge, which allows to study the phenomena and processes of the surrounding reality in their historical development, as well as private-scientific methods (formally-legal, comparative-legal and the method of system analysis).
Results. The author considered the content of children’s responsibilities in the Russian and Chinese law at every stage of their development, their comparison with each other and with the Western ones, determined the direction of development of their legal regulation, and revealed the characteristic tendencies of the process.
Conclusions. The analysis of the stages of the process under investigation has shown, what exactly is the difference between the Eastern way of development of the analyzed phenomena from the Western one. The study of the Russian legislation led to the conclusion that Russia after long fluctuations between these two areas in the end chose the Western way.
comparative jurisprudence, under age, child, legal status, responsibilities, Russia, China.
1. Osipyan B. A. Sovremennoe pravo [Modern law]. 2006, no. 4, pp. 51–57.
2. Istoriya gosudarstva i prava Rossii v dokumentakh i materialakh. S drevneyshikh vremen po 1930 g. [History of the state and law of Russia in documents and materials. From the ancient times till 1930]. Ed. by I. N. Kuznetsov. Minsk: Amalfeya, 2000, 640 p.
3. Nizhnik N. S. Istoriya gosudarstva i prava [History of the state and law]. 2002, no. 4, pp. 5–7.
4. Domostroy [Patriarchal rules of family life]. Moscow: Sov. Rossiya, 1990, 304 p.
5. Kornev I. V. Zhurnal rossiyskogo prava [Journal of the Russian law]. 2006, no. 1, pp. 133–140.
6. Titova M. I. Istoriya gosudarstva i prava [History of the state and law]. 2008, no. 9, p. 9.
7. Khrestomatiya po istorii gosudarstva i prava Rossii: ucheb. posobie [Reading book on history of the state and law in Russia: tutorial]. Ed. Yu. P. Titov. Moscow: PROSPEKT, 2004, 472 p.
8. Smirnova N. V. Istoriya gosudarstva i prava [History of the state and law]. 2004, no. 1, pp. 23–25.
9. Zakonodatel'stvo Petra I [Legislation of Peter the Great]. Moscow: Yurid. lit., 1997, 880 p.