The Means and Boundaries of Government Authority for the Child Protection and Abuse Intervention

• Main Authors: CHEN, YI-YING, 陳伊盈
• Other Authors: Dr. CHEN, CHUN-SHENG
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/50353525702266416205

碩士 === 國立臺北大學 === 法律學系一般生組 === 101 === The rise of social state ideas in recent history enhances the awareness of human rights protection. Most countries, no longer in a passive position, not only legislate a variety of welfare acts but also provide various welfare services actively. Especially for the child of abuse and neglect, the state is willing to apply “protective service” to domestic affairs in order to protect children's rights. However, during the application, the administration presentation which provides benefits to people may cause the change of people’s rights, obligations, and the family autonomy. Although the policy of state is to "state paternalism ," from the Constitution protecting the (fundamental) rights of the people, the government should pay attention to the balance between children's rights and traditional family ethics ; then develop the foreseeable principles and standards which could decide to intervene in the family. The content of this research is as following: Chapter 2 is the introduction of the legal basis behind government authority’s intervention. After we understand the relevant legal basis, the thesis begins arranging the current legal systems which protect abused children in chapter 3. Then in chapter 4, the principles and boundaries of government authority for the child protection and abuse intervention are discussed, and with which to exam the means of abused children protection and point out the problems in current legal system in chapter 5. Finally, the conclusions are made in chapter 6.