Use And Limitations Of Legal Paternalism In China

Legal paternalism, literally can see, it is legal and citizens will be betweenparents and children compared to the relations: the law shall be based on theprotection aims to citizens constraints on education, and citizen should be subject tosuch a good interference and benefit. Originated from the concept of ethics or similarlaws paternalism in modern society is not really involved in ethics, it is the core issueof freedom-only for freedom’s sake to limit freedom. Legal paternalism as a perfectlyjustifiable to limit one of the principle of free, and not in any conditions can bejustified. The different culture backgrounds, ideology, we have the concept of legalparents to clarify socialism, and fully understand its mandatory and leading. Throughthe parents of the ascension of socialist legal interests and happiness and citizens, seekthe freedom and the law of the reasonable boundaries between parents with moreimportant significance.This paper based on the western scholars to the research results of the socialistlegal paternalism above, aims to clear the legal definition of paternalism in this paper,and its existence is reasonable and legal paternalism in China to the use of socialistand limit to research. In the beginning contain the legal paternalism socialist concept,composition condition, type and historical flow; Then the argument the rationality ofthe existence of socialist legal paternalism, from people is a kind of "decay" rationalanimal, beyond the value of the theory of socialist, subjective parents legal economicbenefit Angle and contemporary country under the rule of the practical needs of thefour Angle analysis; the research in our country socialist legal paternalism of thespecific application, combined with the legislation of our country practice, this paperanalyzes some typical paternalism socialist type law.At last the limit of legalpaternalism socialist related discussion, make it to achieve the purpose of existence oflimit of civil liberties-while the interests of citizens of ascension.Legal paternalism it not in our country socialism established legal status, butthrough the research on it, in promoting our country’s democracy and the rule of lawconstruction to have the important meaning. This paper is to at present in our legalsystem framework, of legal parents socialist simple comb, in the use of our country to legally in limits to use.