Marriage and Family

The Scale of the Child's Best Interests Principle --Return to parental authority under new social background

Feng Yuan
Law Sehool,Xiamen University
Hebei Law Science 2014-2

Abstract:Regarding the child's best interests principle as the value of universal application, which has coercive power as well as limitation. The coercive power showed on the scale of the child's best interests principle that could make macroscopic cultural construction, moderate system construction and microscopic self- construction. In the meantime, owing to its character of dilemma proposition, it must be restricted in some places. Therefore, Parental rights sould be utilized as the limitation of child "s best interests principle, which contain the limitation for children's property and personal rights. Under the new social background, the child's best interests principle should be treated as the only guideline so that macroscopic cultural construction, moderate system construction and microscopic self-construction of this principle is essential. In addition, parental rights would have been the limitation for this principle on the condition that we could distinguish between parental authority and guardianship.
Keywords:parental rights, child's best interests, principle, the scope, three-dimensional construction the limitation

Paper type:Published
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