正在加载图片...
The Re-emergence of Family Law 115 Article 17 places on parents a duty to discipline (guanjiao)and protect (baohu)their children and to compensate those who have suffered economic loss as a result of the harmful behaviour of their children. These provisions are absent from the 1950 Marriage Law.Article 20 of the new law stipulates that relations between adopting parents and their adopted children are governed by the same obligations as apply to relations between parents and children.In addition,Articles 21,22 and 23 oblige step-parents,grandparents and elder brothers and sisters respect- ively to provide care for children in relevant circumstances. The PRC family is,of course,a primary agent of socialization.The authorities expect parents to pass on appropriate social and culture values to their children and to rear them so that they become fully socialized members of Chinese society.This parental responsibility includes an obligation to ensure that children properly participate in other,more specialized,institutions that also transmit skills and provide care for young people.As noted above,Article 17 of the Marriage Law 1980 stipulates that "parents shall have the right and duty to subject their children who are minors to discipline and to protect them."The Law for the Protection of Minors 199135 is now the principal legislative statement on the manner in which children in socialist China should learn their social skills and obedient habits:it is formulated in order to protect the rights and interests of minors and to promote their development as "successors to the socialist cause"(Article 1),and requires the family,the state,schools and society to educate minors in good socialist ways (Article 3).36 The particular importance of the family is reflected in the fact that the first substantive chapter is devoted to family protection (jiating baohu).This chapter stipulates that parents must refrain from mistreating their children,especially if the latter are female or are handicapped(Article 8),37 and ensure that minors'rights to attend school are respected (Article 9).In addition,the Law of the People's Republic of China for the Protection of Women's Rights and Interests 1992 provides further support for the position of young females.38 footnote continued injury or death an offence punishable by between two and seven years'fixed term imprisonment.According to Article 183 refusal to fulfil aduty to support achild may in serious circumstances be punishable by five years'fixed term imprisonment. 35.Introduced at the national level primarily as a result of the work of the Communist Youth League,but its origins lie in developments at the provincial level.Various institutions in Shanghai including,in particular,the East China Institute of Politics and Law,took the lead in this field and,as a result.Shanghai Municipality introduced juvenile regulations in the mid-1980s.Many provinces followed suit and,eventually,a national law was promulgated. 36.Thus,the Minors'Protection Law 1991 at Chapter IIl places obligations of protection on schools,Chapter IV(Social Protection)requires a wide variety of social institutions as well as individuals to act in a manner conducive to the welfare of children,and Chapter V(Judicial Protection)provides for the courts-including newly-established juvenile benches-a definite role in protecting minors'interests. 37.Thereby reinforcing the provision contained in Article 182 of the Criminal Law 1979 against abuse of family members. 38.Women's Protection Law 1992,especially Articles 16 and 17 (education rights). Article 22(prohibition of employment of girls under the age of 16)and Article 35(prohibition of infanticide). Downloaded from http:/www.cambridge.org/core.Shanghai JiaoTong University,on 15 Oct 2016 at 08:21:12,subject to the Cambridge Core terms of use available at http:/www.cambridge.org/core/terms.http://dx.doi.org/10.1017/50305741000032938The Re-emergence of Family Law 115 Article 17 places on parents a duty to discipline (guanjiao) and protect (baohu) their children and to compensate those who have suffered economic loss as a result of the harmful behaviour of their children. These provisions are absent from the 1950 Marriage Law. Article 20 of the new law stipulates that relations between adopting parents and their adopted children are governed by the same obligations as apply to relations between parents and children. In addition, Articles 21, 22 and 23 oblige step-parents, grandparents and elder brothers and sisters respect￾ively to provide care for children in relevant circumstances. The PRC family is, of course, a primary agent of socialization. The authorities expect parents to pass on appropriate social and culture values to their children and to rear them so that they become fully socialized members of Chinese society. This parental responsibility includes an obligation to ensure that children properly participate in other, more specialized, institutions that also transmit skills and provide care for young people. As noted above, Article 17 of the Marriage Law 1980 stipulates that "parents shall have the right and duty to subject their children who are minors to discipline and to protect them." The Law for the Protection of Minors 199135 is now the principal legislative statement on the manner in which children in socialist China should learn their social skills and obedient habits: it is formulated in order to protect the rights and interests of minors and to promote their development as "successors to the socialist cause" (Article 1), and requires the family, the state, schools and society to educate minors in good socialist ways (Article 3).36 The particular importance of the family is reflected in the fact that the first substantive chapter is devoted to family protection (jiating baohu). This chapter stipulates that parents must refrain from mistreating their children, especially if the latter are female or are handicapped (Article 8),37 and ensure that minors' rights to attend school are respected (Article 9). In addition, the Law of the People's Republic of China for the Protection of Women's Rights and Interests 1992 provides further support for the position of young females.38 footnote continued injury or death an offence punishable by between two and seven years' fixed term imprisonment. According to Article 183 refusal to fulfil a duty to support a child may in serious circumstances be punishable by five years' fixed term imprisonment. 35. Introduced at the national level primarily as a result of the work of the Communist Youth League, but its origins lie in developments at the provincial level. Various institutions in Shanghai including, in particular, the East China Institute of Politics and Law, took the lead in this field and, as a result, Shanghai Municipality introduced juvenile regulations in the mid-1980s. Many provinces followed suit and, eventually, a national law was promulgated. 36. Thus, the Minors' Protection Law 1991 at Chapter III places obligations of protection on schools, Chapter IV (Social Protection) requires a wide variety of social institutions as well as individuals to act in a manner conducive to the welfare of children, and Chapter V (Judicial Protection) provides for the courts - including newly-established juvenile benches - a definite role in protecting minors' interests. 37. Thereby reinforcing the provision contained in Article 182 of the Criminal Law 1979 against abuse of family members. 38. Women's Protection Law 1992, especially Articles 16 and 17 (education rights), Article 22 (prohibition of employment of girls under the age of 16) and Article 35 (prohibition of infanticide). , available at http:/www.cambridge.org/core/terms. http://dx.doi.org/10.1017/S0305741000032938 Downloaded from http:/www.cambridge.org/core. Shanghai JiaoTong University, on 15 Oct 2016 at 08:21:12, subject to the Cambridge Core terms of use
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有