Research On The Theory Of State Patriarchy

The theory of state patriarchy is the basic idea of minor protection system construction all over the world.It originates from the supplement and extension of parental rights and develops from the escalating social conflicts and the rise of children’s rights consciousness.This paper attempts to analyze the dynamic development,the main concept,the legal basis,etc of state patriarchy based on the historical development of state patriarchy,refine the specific expression and principle of the idea of national parental rights according to the legislation and mechanism of minor protection in related fields such as family field,juvenile justice field,social protection field.Combined with the current case,this paper reflects and discusses the conflicts and shackles in the practice of state patriarchy,so as to make some suggestions which can promote the improvement of theory in new era.This paper consists of four parts.Part One reviews the origin of the theory of state patriarchy,elaborates the historical development,basic concept and theoretical basis,then concludes the significance of implementing state patriarchy which contains making up for the deficiency of family autonomy,offering special protection for children,going against society risks to children and so on.Part two mainly describes the subsumption and expression of state patriarchy in domestic legislation and working mechanism.This part shows the performance of state patriarchy in domestic family field,juvenile justice field and social field;analyzes different reaction mechanism for poor guardianship in family field,special systems for minors in juvenile justice fields,such as social investigation,conditional non-prosecution,sealing of criminal records,correction education;discusses how to carry out national responsibility about public interest in social field.Part three mainly analyzes the conflicts in the practice of the idea of state patriarchy by individual cases.This part still discusses classified according to the family field,justice field and social field.Review and reflection of state patriarchy will be triggered by discussion about hot issues,such as revocation of guardianship,folk adoption in family field;leniency of punishment and juvenile delinquency in juvenile justice field;dilution of responsibility for protecting the public interests of minors in social field.Part four mainly discusses the reconstruction and improvement of national parental rights in new era.Overall consideration of reality and extraterritorial experience,this part will make a point that state patriarchy should be carried out under the principle of" the best interest of child",then " State Responsibility" also should be constructed based on multi-levels such as legislation,implementation,supervision and etc.Meanwhile,in terms of the deficiency in current working mechanism,this part makes some suggestions,such as detailed investigation and evaluation or introduction of social forces.