家庭体罚立法:儿童权利保护的应有之义

Family Corporal Punishment Legislation:The Proper Measure of the Protection of Children’s Rights

近年来,《家庭教育法(草案)》、各省市《家庭教育促进条例》的颁布使得家庭教育开始进入法制化发展轨道。体罚作为家庭教育场域下一种消极的教养方式,其危害性已备受关注,但目前在法律层面并未对家庭体罚做出明晰界定。本文从保护儿童的合法权益出发,呼吁“禁止一切体罚”,并就家庭体罚立法的困境、必要性与可行性展开论述。

In recent years,the promulgation of family Education Law(Draft)and Family Education Promotion Regulations of various provinces and cities have made family education start to enter the development track of legal system.Corporal punishment,as a negative way of education in the field of family education,has attracted much attention for its harmfulness.However,there is no clear definition of corporal punishment in the family at the legal level.Therefore,starting from protection of children’s legitimate rights and interests,this paper calls for“banning all corporal punishment”,and discusses the dilemma,necessity and feasibility of family corporal punishment legislation.