UM E-Theses Collection (澳門大學電子學位論文庫)


從父母與未成年子女法律關係的發展史論當今中國特殊兒童群體問題的解決 = Through researching the history of the legal relationship between parents and their children to see the solutions of Chinese special children's problem

English Abstract

China has had the tradition to value their children since the ancient time. Although the ever patriarchal system had restricted family children’s interests, the fact was determined by the economic base at that time. Family children had to thank for their ancestors’ real estate left for them, and admire the experience and knowledge their father and grandfather taught them. Parents sacrificed a lot for their children, and they must be responsible for the orderly development among their children. While, Chinese government took advantage of the patriarchal system and depended on it too much. The result was the system blocked the progress of the society, especially productive forces. As the capitalism was popular all over the world, China could not rest on its laurels of peasant economy. Facing so many difficulties, China decided to transplant western advanced law and national constitution to solve self’s problem. But the unstable domestic and international condition was so bad that it was too hard to realize Chinese dream to be strong. While through transplanting law and talking about human rights, the relationship between parents and children became more and more equal. The state began to control the relationship and gave children more rights. The power of ideology which was made by some Chinese leaders excluded the growth of new Chinese legal system. But China got a great lesson from1949 to 1978. The policy of reform and opening up and gradual carrying out market III economy created possibilities to develop law. The marriage and family law began to correspond to society. Although M&F law focus on couples’ relationship, there is no doubt to value and protect children. Due to the unbalanced Chinese development strategy and restricts in household registration and freedom of movement, some parents in poor areas lose chances to live good life. Many parents move to big cities to work, or they have to bear the poverty at home. Children left behind home and the poor children live unhappily, because their parents can give little to them, even the basic guarantee in law. Urbanization is a good idea to provide more good-job chances for the poor parents. At the same time, the state should provide enough public goods including good laws to make the development freer. The parents should think rationally before divorce to reduce unhappiness of their innocent children.

Chinese Abstract

中國自古就有重視子女的傳統。雖然曾經的父權家長制對於子女利益的限制 也是事實,但是這個事實是由於經濟基礎的緣故。子女在小農經濟下不得不對祖 先遺業充滿感激,對於父祖生產經驗深表崇拜;同時父母家長爲了後代的有序發 展也做出了極大的犧牲,負了重要的責任。也只是,國家對於這種禮制的利用, 求穩的慣性阻礙了社會的進步,尤其是生產力的進步。 在資本主義大潮席捲全球之時,中國的固步自封受到了嚴重衝擊。內外交困 的情況下,國家以法律移植和政體改革作為尋求出路的突破口。但苦於戰爭革命 不斷,理想的實施需要等待國際國內環境穩定后方可。不過法律的移植,對於人 權的探討,還是起到了一部份的作用。尤其是父母子女關係開始趨於一種平等的 權利義務關係。國家開始干涉父母對於子女的教養保護行為,讓這種行為成為兒 童的一種權利。 意識形態的力量在新中國成立后妨礙了法制的發展。但是做了違反規則的事 情就要得到教訓。改革開放以及逐步地開始實施市場經濟讓中國的法制走上了正 軌,對於婚姻家庭的規制也逐步完善,關注的焦點雖然集中于夫妻關係,但是對 於未成年子女利益的保護依然是毋庸置疑的。鑒於國家發展策略的偏重,戶籍及 遷徙的限制,區域發展嚴重不平衡導致了成年父母失去發展機會,爲了生存不得 不去大城市打工,不能打工的也只能忍受貧窮。留守及貧困兒童的法律規定的權 益因此得不到保障。城鎮化發展是提供成人發展機會的好方法。同時國家加大對 於公共物品包括法律的供給能夠給發展注入自由因素。對於離婚式單親兒童利益 的保障,尤其是精神利益,則需要更加深入的個體發展與反思或才可以。

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Faculty of Law




Child rearing -- China

兒童教養 -- 中國

Parent and child -- China

父母與未成年子女 -- 中國



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