The Study Of Parental Obligations Based On The Protection Of Children

Parents' obligation to raise and educate minor children has reached a consensus in society.This obligation is called "parental responsibility" in family legislation in Western countries and is characterized by ethics,altruism,and specificity.Throughout history,the concept of parental obligations arises from the theory of children's rights.Before the second half of the 19th century,the father's rights occupied a dominant position in the parent-child relationship.After the theory of children's rights was born,the rights of minors gradually replaced the status of the father's rights.The reason why parents have the obligation to raise underage children is,on the one hand,the institutional needs of the continuation of the community and the exchange of interests between generations.On the other hand,Kant's "free personality" and Hegel's ethical "love" theory and the principle of children's best interests provide the basis for this obligation in philosophical theory.The obligations of the underage children are not only parents but also the state.The obligations of the parents are microscopic and are the direct performers of the obligations.The obligations they perform are explicit and specific.The state has an unshirkable responsibility for the growth of minors.The state's parental rights and the theory of paternalism provide theoretical guidance for the state to fulfill this obligation.In China,with the changes in family structure and function,family order and traditional ethics are broken;family welfare policies are backward,and the implementation of state responsibility is obviously insufficient.There are many problems in the legislation on the protection of minors,such as the disorder of the parental obligation system;the obligation is too thick,and the legal liability is insufficient;and there is an obligation to deprive parents of their rights and suppress the parental family education rights.In order to solve these problems,we need to rationally distinguish between state obligations and parental obligations,strengthen state responsibility,respect human subjectivity,and achieve legalization of parental education in practice;The Protection Law is a systematic and mandatory obligation,with legal responsibility and respect for the rights of parents.