| This paper from the legal paternalism start with the theory expounded by restricting freedom of measures to ensure the realization of the right to freedom.Papers described the first part of the legal paternalism of the basic theories, including the origin and classification.Classical liberalism assumption that everyone is the best judge of their own welfare, not only have the right to the pursuit of the main interests, but also to know what their interests and how to obtain benefits.For classical liberals, the attribute set to be the rational, wise, the omniscient and omnipotent. State coercive power and the sole purpose of the legislation should be to prevent damage to others.With the modern legal doctrine to the modern legal doctrine of change, "legal personality" awareness is gradually beginning to change, the law "abstract" in a "specific", "social" person.This reflects the understanding of the changes - from a rational, fully express their meaning people into understanding is not well expressed restricted person.Therefore, the classical liberalism on everyone knows its own interests, the assumption being questioned on this question, the legal parents of the theory to the corresponding explanation.Although the legal paternalism of those who have represented the autocratic rule, but in today's legal parents of a law terminology has freed itself from any modern thinking of the rule of law by people who resent the authoritarian means that the protection of personal freedoms as a sense of the system description language, but also become a modern legal system, especially in his highly for the social and public areas will be able to explore topics or missing.legal paternalism argument is the base - in some cases as actors we can not judge what is rational favorable to them, or from the extreme point of view, whether people like it or not, countries reason to make people more access to their own long-term welfare of the imposition of a particular policy or law. Its main divided into: legitimate paternalistic rule - in order to prevent self-harm and extreme paternalistic rule - for self-benefit.Papers on the second part of the legal paternalism of the controversial theory and the basis of the legitimacy of its existence.On the legal paternalism of controversy from the Enlightenment period has already begun.Locke opposed to the political power equivalent to the theoretical right of the father; Kant's paternalistic view that the Government is the worst government Bentham questioned "is a matter of its own offensive" as a criminal law jurisdiction is reasonable.The legal paternalism dispute focused on the following aspects:First, legal paternalism and in the end the law is right or obligations;Second, the main body whether under any circumstances really know where the welfare of its own;Third, the legal paternalism in the process of practice and whether there are efficiency;Fourth, the main body objective of the value of autonomy in the law status.And the legal paternalism of a wide range of areas of social life, must be the basis of its legitimacy, performance for the following three aspects:First, the main body safeguard their own interests.Owing to the objective and subjective factors, sometimes we do not know what their more favourable, then the interests of citizens need a more thorough observation of a body, from a long-term perspective to protect the exercise of the right to freedom of citizens.Secondly, safeguarding the interests of other subjects.No one exists in isolation, their behavior must be more or less affect the other around the main body of the legal paternalism from a single starting point, the ultimate protection is in the broader context of the main freedom.Third, the human needs.There were natural attributes and social attributes, human dignity and the spirit of the material contained dual meet, paternalistic laws imposed on the material interests and the relationship between the free will of the treatment is reasonable.On the one hand, the legal paternalism of the final level is to achieve the goal of protecting rights, and the right to material interests in the legal aspects of the show, behind the main concern is the interests of the performance of the principal or the negative prevent self-harm ;On the other hand, the legal paternalism of the logic of the application is mandatory by restricting certain freedom to achieve a certain freedom, and that the two "freedom" is not the same, nor is it equivalent, in the main due to the lack of information had to give up true aspirations will be realized.Papers on the third part of the legal paternalism of the limits and scope of application.Impact paternalistic mandatory factors on the following differences:First, the individual directly to the self-inflicted injury or was his behavior clear objective to be achieved, or were for other purposes in the course of activities and the risks.Secondly, a reasonable risk and unreasonable risk.In complex cases will be the main measure:The consequences of such acts cause harm to themselves the possibility of the extent of how much the gravity of the harm;After taking risks to achieve the objective possibility of how much to the value or importance;The specific purposes of the need for risk, that is, whether there may be less than the risk alternatives.Third, fully engaged in voluntary adventure and not entirely voluntary engage in risky.Voluntary is a matter of degree.Theoretically there is a standard, if a person has been aware of the risks before all the relevant facts and events that may occur, and there is no pressure or force mandatory, then he is completely voluntary;If there coercion, the omission of information, reasoning ability imperfect situation, the main choice is the act can not be called a completely voluntary;When a main restricted to a very narrow circumstances, simply no choice, so he called the "Choice" completely non-voluntary.But in reality, the choice of the majority of self-injury, like other ordinary choice, the performance did not entirely voluntary and entirely voluntary between the two landmark.In view of the special nature of the legal paternalism - to limit the cost of freedom, therefore, the legal parents of the scope of application covering a wide range mainly in the areas of public interest, such as public safety drugs, commercial freedom of expression, labor and social security, etc. problems.Part IV of the papers cited a hot issue - the retention of compulsory antemarital examination by specific analysis of the problem, legal paternalism proof in China Positive role of the practice area of the law.China antemarital examination system has been "mandatory - voluntary - local mandatory" changes.On this issue, the author believes that the legal paternalism of the two dimensions has proved the existence of the need to avoid the one hand, the future is based on the child's birth defects, and safeguarding the interests of future principal; on the other hand to protect marriage proceeding from the interests of the main body, focus on reality.Specific performance:First, improve the quality of the population, blocking renewal of the disease;Secondly, a significant reduction of neonatal mortality rates and birth defects;Third, reduce birth defects child to the family and social and economic aspects of the spirit of the heavy burden;Fourth, it can provide family planning advice, and facilitate the efficient master the timing of pregnancy and contraceptive methods, realizing Youshengyouyo;Fifth, the protection of the parties of the right to know and legitimate rights and interests.Antemarital examination in order to deal with the problems in a number of practices abroad, the author proposes the following three responses:First, to increase the awareness of the main body consciously antemarital examination;Second, respect the privacy of the parties antemarital examination;Thirdly, the appropriate relaxation antemarital examination stage.In summary, the main body information in a complex social environment, the role of a variety of factors, and sometimes we do not know what circumstances are favorable to them, can make better use of their right to freedom.Although the legal paternalism of a lot of controversy, but in order to make up for the above deficiencies in the right to freedom, the state should be legal paternalism of the appropriate use of the principle of interference, safeguard and promote the realization of the main body freedom.Moreover, the practice of the law adopted by the legal paternalism of most of them are "legitimate paternalistic rule", in relation to public safety and social life has a role to play in the field.At the same time, because of the legal paternalism and the public interests are closely linked, or a particular group of a certain freedom of the main protective effect eventually will be extended to indirect protection of the freedom of other subjects, from the starting point to a single compound within the broader context of the protection of The purpose of freedom.
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