The Modernization Of Parental Disciplinary Rights In China

In recent years,events such as the Nanjing Child Abuse Case have caused people's concern about education topics and also caused disputes over the parental disciplinary rights.This paper compares the parental disciplinary rights in modern society and in traditional society,sorts out the general process of the reform of the parental disciplinary rights,analyzes the reasons behind such changes,and analyzes the existing problems in China,then proposes suggestions for improving the status quo.The first chapter outlines the concept of the parental disciplinary rights.It refers that the elders who have educational obligations to younger generations and who have kinship relations with them,to correct the latter's concept or behavior,have the right to exert adverse effects on them.The parental disciplinary rights in modern society are child-oriented and obligation-based.Corporal punishment is a kind of disciplinary action.In practice,it may be mixed with abuse,domestic violence,and intentional injury.The second chapter introduces the parental disciplinary rights in the traditional society.At that time,the disciplinary rights of parents are parent-oriented and power-based.Therefore,the objects of their rights were not limited to minor children,and their exercise methods were more varied.In addition to the educational attributes,parental disciplinary rights also had judicial attributes.Under the farming economy,the educational,economical,and judicial functions of family,and the family ethics,provide the justification basis for such disciplinary rights.The third chapter introduces the modernization process of parental disciplinary rights and the driving factors behind this process.Since the late Qing dynasty,parental disciplinary rights has gradually changed from parent-oriented and power-based to child-oriented and obligation-based,and has lost its judicial attributes.There are three main reasons for this modernization.First,changes of functions between family and state after the change in productivity.Second,the impact of nationalism,individualism,and Soviet socialism on familialism;Third,the limitations on discipline education by contemporary pedagogy and psychology.The fourth chapter introduces the status of parental disciplinary rights in China.At the moment,due to the weakening of the functions of family and the failure of the state to make up for it timely,there are still many problems:public education resources lacks,the corrective education mechanism for children is imperfect,the guidance and incentives for parents is insufficient,and the regulation to parents' disciplinary behavior is unreasonable.Many non-standard educational institutions in the society also took the opportunity to rise.To improve this situation,we must improve the country's functions correspondingly,increase investment in educational resources,improve the correctional education mechanism for minors,increase guidance and incentives for parents,and strengthen the supervision to the social institutions,and to reasonably regulate the parental disciplinary rights,we should also further clarify the scope of parental disciplinary rights,improve the mandatory reporting system,and enrich the regulatory means.