Rights Conflict In Family Child Abuse And Its Legal Control

The problem of child abuse has been concerned by most countries in the world and international organizations including the UN agencies. Problem of child abuse in our country is particularly serious, and the family child abuse is the most serious. Some scholars have also done research on child abuse, but more concentrated in the field of law department, just as criminal law and civil, and the study of family child abuse should not be limited in law department, use the theory of rights conflict to analysis child abuse and sort out every entity’s right and how to comply and the conflict with other right, analysis the direct cause and essential reason, at last geeing the way to how to solve the right conflict. By the way improve legislation to build a sound child protection system.Rights Conflict theoretical model consists of four parts including: define the rights of conflict is the conflict of legality rights; the direct cause of conflict of rights that is the vague and unclear of legal boundaries; the essential reason of rights conflict is interest and value’s conflict between each party; the control theory of rights conflict is follow the principle of determine the value of the rank, measure economic benefits and equity restrictions to eliminate the vague of law and define the right of each party, finally solve the conflict of rights.In the family child abuse there three kinds of right conflict: parents and children, include the conflict between parents’ punishment and the children’s right of life and health, the conflict between parents’ right to education and children’s privacy; right conflicts between parents and the state; right conflicts between parents and members of the community. The direct cause of these rights conflict is our legislation has vague provision of parents’ right of education, children’s right, country’s right and oversight powers of intervention of members of society. The nature season of the right conflict of family child abuse is the interest conflict of parents, children, country and members of society, and the legislators’ value orientation swing between the home-based, individual standard and social standard. Finally to control the rights conflict, we can analysis American policy against child abuse and The opinions of how to deal with revoke custody, Anti-family violence law and to sum up the law suitable for China.Specifically,control rights conflict between different subjects in our family child abuse is mainly about several ways: First, to clear the standards of abuse and what kind of education behavior belongs to the abuse, based on Chinese national conditions and legal theory to confirm the standards of abuse as: physical abuse affect children’s physical and mental development such as severe physical punishment, emotional abuse, sexual abuse and neglect, commercial exploitation. Second, the state and society members’ orderly intervention, intervention can be analysis from two angle, the first is clear reporting obligation, can be based on the provisions in the anti-family violence law, without civil capacity or with limited capacity for civil conduct people suffering from domestic violence, rescue management institutions, social welfare institutions; Primary and secondary schools, kindergartens; Medical institution has the obligation to report to the public security organ. The second is to perfect the relief program of family child abuse, although the opinion and anti-family violence law has stipulated the related relief program, But the results of dealing with the child abuse of Nanjing still want us to reflect: how to solve child abuse in accordance with the law based on really consider children’s rights. The third is perfecting the social security agency, although the opinion stipulated the civil affairs department’s ultimate responsibility, but in the face of China’s large groups of children, only relying on civil affairs department is not enough, we must add other government welfare department and the child welfare agencies to achieve maximum protection for children’s rights.