Reasonable Limits And Legal Means Of State Intervention In Maltreatment Of Family Children

In modern times,with the rise of the movement to protect human rights,the protection of children’s human rights has attracted wide attention in the international community.Countries around the world no longer take a passive attitude,but to protect the interests of children as the principle,actively think about the balance of power between public power and private sector,in order to break the traditional concept of "family autonomy".In response to the problem of maltreatment of children in the family,China has formulated a series of regulations and laws to protect the rights and interests of children,and stipulated the rights and obligations of family members,providing a legal basis for the state to intervene in the family and protect the interests of children.However,China is deeply affected by the traditional idea of "law does not enter the home".In the face of the increasingly frequent abuse of children in the family,the existing intervention methods have not achieved good results.Because the state in the process of intervening in the private sector,whether the adoption of welfare payment or compulsory intervention measures,will affect the rights and obligations of the family and members.Compulsory intervention may cause separation of family members,estrangement of kinship relations,damage to family functions,and improper intervention cannot protect the rights and interests of children,so as to deepen the conflict of rights among the state,family and children,and hinder the intervention of public power in the private sector.Therefore,whether the state should intervene in the family and how to intervene in the family appropriately is an issue that cannot be ignored in the operation of state power.The first chapter is the introduction.Starting from the second chapter,the general situation of family child abuse is discussed.This paper analyzes the characteristics of domestic child maltreatment from five aspects: the identity of the subject of abuse,the diversity of maltreatment,the social neglect and connivance,the illegality of the maltreatment,and the circularity of the maltreatment.Domestic abuse is mainly due to family poverty and economic difficulties;Members are emotionally unstable and self-abased;Alcohol and drug abuse;The character that the child oneself does not receive discipline and the element such as national legislation restraint is not strict are caused by.To the serious consequences,this paper analyzes the direct physical and indirect psychological effects of children,the effects on the abuser himself,the effects on the family,the effects on the national and social public security and so on.As a serious social problem,the state intervention is undoubtedly the most effective way to solve it.However,the intervention of the state in family affairs has been questioned by the society.Therefore,in the third chapter,this paper discusses the evolution process of state intervention in the family field,and proves the rationality and legitimacy of state intervention from the perspective of jurisprudence.Based on the theory of children’s basic human rights,the social value of children,and the legal basis of the utilitarian logic of state intervention in the family,it provides a sufficient theoretical basis for state intervention.In the third chapter,this paper discusses the evolution process of state intervention in the family field,and proves the rationality and legitimacy of state intervention from the perspective of jurisprudence.Based on the theory of children’s basic human rights,the social value of children,and the legal basis of the utilitarian logic of state intervention in the family,it provides a sufficient theoretical basis for state intervention.The fourth chapter from the discovery and reporting mechanism of child abuse,family,child abuse investigation procedure,examination and prosecution,evaluation criteria,emergency protection,child family place children,deprived of parents custody measures and so on six aspects discusses the application of state intervention means and the shortage of improper pointed out that the current run of state power source is the right conflicts between parents with a minor,the contradiction between the state and the children,the contradiction between the state and the family.In the fifth chapter,the author puts forward some Suggestions on the state intervention of child maltreatment in China from the following principles: legal intervention,moderate intervention,children’s best interests,making up for family disability,respect for family autonomy,and the combination of education and punishment.The limits of police intervention,court intervention,social work intervention and obligatory subject report should be clarified,and solutions should be put forward to the conflicts of rights among the state,family and children.Finally,some Suggestions are put forward on improving the ways and mechanisms of state intervention in family maltreatment of children.In order to reduce and curb the occurrence of domestic child maltreatment,it is necessary to regulate the power of state intervention in family maltreatment.