Research On Family Right

Human beings are the principle of all things on earth. The continuation ofhuman being lies in their combination. Isolated individuals are difficult toexist in the world. The formation of personality must be formed ininterpersonal contacts. From birth to death， family can provide the mostimportant support on personal psychology， education， and economic.Family is important to individual freedom of personality and nationaldevelopment. But family becomes a basic human right， which is cognized asfamily right is recent. Since World War II， the international trend hasappeared in the field of family rights. The United States， Germany， andsome other countries established and expanded the connotation and guaranteemode of family rights by domestic legislation and judicial precedent one byanother. As a basic right， family right refers to the right which constitution givescitizens that they shall enjoy the family life with protection and withoutinterference. Its purpose is to realize material and spiritual benefit in familylife. The subject of family rights includes the general subject， mainlyinclude natural person， foreigner， and specific subject， including women，children and the elderly.Human dignity is the value basis of family right in the system of basicrights. In terms of individual privacy life，family right is helpful to individualnatural growth， self-identity and the maintenance of natural emotion. In thepublic field， the establishment of family right will promote democraticpolitics and restrain the limited government.Family right is not a single right， but is a "rights group" which is madeup of a number of specific rights， including the right of building a family，family reunion， family privacy and the right to maintain family relationship，family welfare rights and the rights of maintaining family harmony. Viewedfrom family right’s connotation and the historical development， it has the dual property of both liberal right and social right.Compound character of family right requires clarifying the fundamentalobligation of state’s primary duty to family right. Combined with the theoryof basic rights function， the effectiveness of family right is divided into threelevels. First， family right as the nature of defense right， the state should beself-restraint and respect the autonomy of family. Second， family right as thenature of beneficial right， the state should provide family members withbasic survival condition according with self-esteem， to maintain the leaststandard of living. Third，family right as an objective law，the state not onlyshould keep family right from the private violation， but also shouldarchitecture a series of legal system to protect family right， including thesocial security system， social welfare policies， preferential tax regulations，marriage and family law， succession law and so on， in order to maintain agood order of marriage and family and social order.Individual is not exist independently， but living in the community. In order to make people in the community keep a good life， basic rights can berestricted. We allow the reason on the basis of basic rights， universal moraland public interest， and strictly restrict the family right in accordance withthe principle of reservation of law， equal protection， purposiveness，interest balance.Over the past several decades， our country has made great changes inpolitical， economic， cultural and other areas. The changes on the influenceof family life and family law system in China should not be underestimated.But at the same time family field is suffering a strong shock byindividualism，de-gendering，reproductive technology and so on. It needs tofocus on human dignity and restructure the position of family in theconstitution， as a guide to re-regulate our family law.