论未成年人人身自由权与父母监护权的冲突与平衡

On the equitable and conflict the of minor personal freedom and parents custody

未成年人的人身自由权与父母的监护权之间的冲突和矛盾从其诞生的那一刻起就已注定,不仅是历史的,而且是现实的;不仅表现在立法层面,而且已经浮现于司法层面。有必要对父母的监护权和未成年人的人身自由权实施动态制衡,进而达到彼此间的平衡,使这两种权利有各自适合的施展空间。

Minor personal freedom and custody of the parents of conflict and contradiction between from its birth the moment of al- ready doomed, is not only the history, and is realistic ; only in legislative level, and has floated in judicial level. The author thinks that it is necessary to custody of the parents and the minors＇implementation of personal freedom of dynamic balance, which reached their value peace between the balances, so that the two rights have their own respective suitable display space.