儿童虐待中的公权干预——以家庭自治、亲权转变为视角

State Intervention in Child Abuse——From the Perspective of Family Autonomy and Parental Power Transformation

治理儿童虐待常伴随父母亲权与国家公权力的博弈。近年来我国城镇化发展迅速,传统家庭的自治功能面临严峻挑战,家庭内部的儿童虐待案件频发,使得我国"家规""管教"置于公众舆论的讨伐之中。国家公权力缺位是治理我国家庭内部儿童虐待的短板,应细化事前监护与事后监护,架构多元化的儿童虐待防护网,以促进儿童的健康成长。

Child abuse is always accompanied by a game between parental power and state power. In recentyears, with the rapid development of China’s urbanization, the traditional function of family autonomy has beenfacing severe challenges. Children abuse cases occurred frequently in family interior which have placedtraditional concepts like “family rules” and “discipline” in public criticism. The absence of state power is ashortcoming in the governance of child abuse in family interior. Pre-guardianship and post-guardianship shouldbe detailed, and a diversified protection network of child abuse should be constructed to promote children＇shealthy growth.