Research On Legal Issues Of Parents’ Disciplinary Rights In China

In recent years,improper disciplinary actions by parents in our country have led to frequent violations of minor children,and the issue of parental disciplinary power has received increasing attention.As a kind of family education right,parental disciplinary powers,if exercised improperly,will affect the healthy growth of minor children.How to regulate parents’ disciplinary behaviors,protect minor children in China,and provide effective protection methods for them has become an urgent problem to be solved in Chinese law.Affected by Chinese traditional education concepts,parents’ disciplinary behaviors are widespread in our family education.Many parents think that it is reasonable to educate children by beating.In fact,parental disciplinary behavior is closely related to the growth of minor children,not only related to their physical health,psychological status,habit development,growth and development,but also determines the life of minor children.Only by perfect regulation of the parental disciplinary power and ensuring that the parental disciplinary power is correctly exercised can the best interests of minor children in China be guaranteed.Chinese current laws do not clearly distinguish and define parents’disciplinary actions."General Rules of Civil Law","Law for the Protection of Minors","Law on the Prevention of Minor Crimes" and other laws all have legal gaps on this issue.Problems such as perfection,insufficient support and protection mechanisms provided by the state and society to minors,etc.Based on the current situation of Chinese society and the current legal issues,this article provides suggestions for parents’disciplinary rights and related legal issues.First of all,this article starts with the meaning of parental disciplinary power,through the regulation of the meaning of parental disciplinary power in ancient society and the opinions of experts and scholars in modern society on the meaning of parental disciplinary power.It is concluded that the parental disciplinary power is a right conferred on parents by law.Within the scope of the law,the disciplinary actions with the necessary limits are adopted to rectify the improper words and deeds of minor children,thereby protecting the best interests of the minor children.The article specifically discusses the four aspects of the parental right to exercise discipline,the main body of exercise,the exercise method and limits,and the consequences of the exercise,and comprehensively introduces the parental disciplinary power.And by guaranteeing the healthy development of minor children,improving their personality and preventing their crimes,it discusses the necessity of establishing the parental disciplinary power in China.Secondly,by studying the current laws in China and analyzing the problems in the law,this article summarizes some problems in the disciplinary system of parents in China.Although the current laws in China stipulate the rights and obligations of parents for the education and discipline of minor children,There are no clear regulations on the issue of parents punishment and abuse of disciplinary actions that infringe upon minor children.There is a lack of legislative regulations on parental disciplinary powers,and there is a lack of corresponding competent authorities in administration.Lack of supervision by the judiciary,lack of a complete relief system in the protection of minors,the relevant legal provisions are vaguely generalized,distributed in different departmental laws,abstract and not operable,and lack of specific provisions.The article,through the regulations of the United States,the United Kingdom,Japan and Taiwan in China on the disciplinary powers of parents,draws a comparative study on the relevant laws in China that should be used for reference,including the reporting obligation in the process of disciplinary violation discovery and the establishment of minor protection agencies.In view of these aspects,construct and refine the parental disciplinary power system suitable for China,establish parental disciplinary power,and protect the rights and interests of minor children to the greatest extent.Finally,the parental disciplinary power is a right that parents and other guardians take care of their children,emphasizing that parents are responsible for the survival and development of minor children,The main responsibility of the parental disciplinary right is to give priority to the interests of the child.Parents are required to take the best interests of minor children as their primary consideration when assuming educational responsibilities and implementing the necessary disciplinary measures.When parents or other guardians fail to properly fulfill their educational obligations and abuse the power of punishment,they should bear the adverse legal consequences and protect their minor children in a timely manner.Regarding the subject responsibility of parents’ disciplinary powers in our country,judicial decisions often cannot fully evaluate disciplinary actions in specific cases,and abuse of parental disciplinary powers cannot be effectively resolved.If the parental right to discipline is not regulated,it will be impossible to investigate the subject responsibility of abuse of the right to discipline.This article proposes to improve the relevant provisions of the"revocation of guardianship qualification" in our civil law,supplement and refine the relevant provisions of the "crime of abuse" in our criminal law,increase the system design of mandatory reporting obligations in social supervision,and establish administrative supervision in line with Chinese national conditions The competent authority for the protection of minors,improve the family’s compulsory education mechanism for minor children,and the national guardianship intervention mechanism,and make breakthrough provisions and early exploration suggestions for alternative fostering models such as family foster care and voluntary support.Supervision cooperates with the exercise of parental disciplinary power,and strives to protect the best interests of minor children in China.