| Parental disciplinary rights not only have historical origins and realistic foundations,but also have a legal basis.The current laws in China stipulate the parents ’right to protect education more generally.Due to the lack of specific applicability regulations,in practice parents punish improperly and harm their children.This not only harms the physical and mental health of the children,but also is not conducive to the family Harmony and social stability.This article will start with the legal theories such as the particularity of family justice,the authority obedience theory in the family,the family ethics relationship,and the legitimacy of the state’s involvement in the family field.The theoretical basis of altruism and other theories will explore the justification of the independence of parents’ right of punishment.Secondly,this article will protect the children’s physical and mental health,safeguard their children’s personal dignity,work for the equality of parent-child relationships,and explore the legal sentiment contained in parental rights Perspective,to explore the value basis of parental punishment.Based on the analysis of extraterritorial and China’s existing laws on parental disciplinary power,this paper explores the principles,methods and limits of parental disciplinary power,and clarifies the judgment standards and specific harms of parental disciplinary abuse.Finally,this article will follow from the civil and criminal law The perspective puts forward the legal regulation of parents’ abuse of punishment right,and delineates the legal boundary for the exercise of parental punishment right,with a view to trying to sort out the legal thoughts of constructing contemporary parental punishment right on the basis of a comprehensive understanding of contemporary parental punishment right. |
