China's Paternalistic Law Research

Any country that cares about citizens 'happiness and wellbeing have paternalistic policy. Legal paternalism occurs when the law forces individuals to avoid certain risks( ' hard paternalism '),or, without coercion, nudges them away from such risks( ' soft paternalism'),on the ground that otherwise they will make unwise decisions.By review and summarize foreign and domestic literatures, the author found that most of them focus on problems in respect of the definition of paternalism, means and methods which are taken by paternalistic intervention, justification of paternalism and situations that paternalism intervenes. However, This thesis is an attempt to constructively interpret and critically evaluate paternalistic legislations in Chinese law,theoretical character of Chinese paternalism , problem occurs when implementing paternalistic legislation, the merit and drawback of China' s paternalistic regulations.In order to combine legal paternalist theory with legislative and judicial practice.Therefore, this thesis aims to take up the deep study of the theoretical foundations of government regulation of personal behavior and restrictions on some individual activities that typically do not endanger others. And use legal paternalism as a new perspective to analyze Chinese law. Further investigate the legitimacy of China's paternalistic regulations, hope to make contribution for China's legal paternalism study.