The Ethical Foundation Of Parental Rights And Its Modern Trend In Contemporary China

Family is the most basic union in a society, and parental right is an important content in marriage-family legal system. Ethical Foundation of Parental Rights is quite related to the foster of a healthy and harmonious parent-child relationship in China. In fact, if a country's legal system dose not compare with the conditions and the ethical basis, it will reduce the vitality of law. So, to understand the system of contemporary China or the development trend of parental rights, the key lies in whether we can understand its ethical foundation. As an extremely important right in social life the parental rights and its ethical foundation is often closely related to the development of the social customs, behavior patterns and historical tradition. That is to say, the development of rights (legal system) depends on the social ethics at the time and the ethical environment which is the system the ethical foundation. And ethical foundation itself is also determined by two factors:first is the history factor, the second is the social factor. The historical factor explains the source of parental authority and the development of the vertical dimension; and the social factor helps us to understand a major role in a cross-section and to have a glimpse into our social existence of ethical foundation.The first chapter of this thesis focuses on the discussion of the historical factors of parental rights, combing the Confucian "filial piety theory" for thousands of years of the system impact of parental rights and our inherent right of local parents in the judicial system and what is the actual power. The traditional theory of the development of filial society enslaves children as one way to obey the rule of parents, which we can only criticize and reject. But if we are critical of the traditional rational approach, then the ethical foundation which allows us to today's parents still have huge range of right to be a rather larger thorny issue. In fact, if we mishandle this important ethical relationship of parental rights issues, social development and growth in young people's education system will be full of tragic conflict.Thousands years of Chinese society's history is not a huge transition, so the second chapter discusses the contemporary focus on social transformation on the basis of parental rights of the impact of ethics. To understand contemporary China's development and trend of parental rights, the key lies in our ability to grasp the ethical basis of its social impact it must face. Since the founding of the community mode of production had a tremendous change in structure of the traditional and village community had been completely disintegrated, such a dramatic social change is bound to include a range of parental rights, including the ethical basis of the legal system causing a shock and promotion. The previous system of ethics based on parental rights rather, is a small rural village communities and urban economy in the family way of life, and if these two are completely based on the premise of social change, I think to have the new social facts and a new study of social order is quite necessary. In the cities, the intergenerational differences in cultural psychology and knowledge of the structure caused by the prominent contradictions day, are an increasing trend.Faced with this situation, we made the third chapter several possibilities of modern development options in the rationalization of the system of parental rights: the equalization of parental rights, limited development and the rule of law are intended to make the final system of parental rights to the real interests of the protection of youths for their physical and mental health. And even to some extent, it also determines the future of our nation.