The Research Of Abuse Of Parental Authority

With children seen as the future of our communities, their healthy growth has been a widespread concern across the world. Although most children receive at least adequate care and protection from their parents, a large number of which occur in disadvantaged social settings that child abuse cases are common. Child abuse has become a global issue and has received extensive attention across the world. The majority of governments of developed countries across the globe enact laws, which are enforced across the legislature, executive and judiciary, in order to prevent and reduce the amount of child abuse cases in their respective countries.China’s primary law used to combat domestic child abuse is the Law on the Protection of Minors. Civil law has a profound impact on how laws which apply to particular places or territories are implemented, and furthermore from a legal perspective is crucial in the prevention of child abuse. However, at present within civil law there exist many problematic issues with regards to the protection of children’s rights. For example legal norms are crude and lack systems, which support children’s rights. In addition, under Chinese civil law parental rights and obligations are not clear, and legal norms are not up to date with modern parent-child relationships. There is also a lack of correlation between general law and special law with regards to this issue.This thesis will focus on the issue of child abuse and through looking at foreign legislation and investigating the regulation of parental authority abuse, will analyze and suggest relevant legislation which could be applied in China. The hope here is to provide a framework, which could be used to help to perfect China’s child protection system. Based on the above, this thesis will be divided into the following six sections:The preface chapter will examine cases of child abuse, and will utilize figures in order to illustrate how widespread the problem of child abuse has become in China and the serious impact that abuse directed at minors can have on both the children involved and their families. This will provide the basis with which to approach the origin of child abuse and the necessity of regulating the abuse of parental authority. Part one will discuss the abuse of parental authority in greater detail. The interests of minors are infringed when a person with parental authority acts in a way which conflicts with the rights of personal supervision and the rights of property management. The theory of parental authority in China will be elaborated on in this section and personal views of the author will also be expounded.Part two will look at the current situation of civil legislation with regards to parental authority abuse in Germany, France and Japan and these country’s respective approaches to tackling this issue. An analysis of the legal systems of these countries will also be touched upon in this chapter.The third part of this thesis will examine data of child abuse cases in China and analyze the situation of parental authority abuse at present. The reason parental authority is not regulated, which include issues such as does not distinguish between parental authority and child custody rights, as well as the existing remnants of a patriarchal society and the current legal norms will also be discussed in this section.The next part will take into account the current situation and reasons for the abuse of parental authority in China. This will allow for an examination of the present condition of Chinese child abuse cases. How a revised system can be implemented and how the parental authority system can be diminished will also be discussed.Finally, the main points of this thesis will be summarized in the conclusion chapter.