| Project/Area Number |
16530053
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyoto Sangyo University (2007)
University of Yamanashi (2004-2006) |
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Principal Investigator |
YAMAGUCHI Ryoko Kyoto Sangyo University, Faculty of Law, Professor (50293444)
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| Project Period (FY) |
2004 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥3,400,000 (Direct Cost: ¥3,100,000、Indirect Cost: ¥300,000)
Fiscal Year 2007: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2004: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | parental rights / rights of the child / family privacy / Japanese family law / 子どもの利益 / 子どもの代理人 / 裁判所任命特別擁護人 / CASA / 児童虐待 / 訴訟後見人 / GAL / 祖父母の面接交渉 / 面接交渉 / アメリカ法 / 家族のプライバシー / 子どもの最善の利益 / ファミリープライバシー / 公的家族論 / フェミニズム / 家族法 / アメリカ |
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| Research Abstract |
Some people say that parents have strong rights against the child in Japanese law because many children can't be protected from child abuse. This study tried to make dear what the parental rights are. I researched the parental rights from the point of view of the triangles between state, parents and child. The arguments of the family law of the United States are very helpful to research the parental rights. We should consider the parental rights not only against the child but also against the state. In the United State, state always has intended to intervene in the family and restrict the parental rights in order to protect the child's interests. To the contrary, parents have intended to take powers against the state in order to protect their family privacy and their child's interests. Parental rights have big power as well as the state have and there is the balance between their powers. Another core is child's interests, however ; we should look at the subject of the power which is not only the child's interests but also the child's rights. The balance of the triangle's powers should be the parental rights, state's right and the child's rights.
In Japan, parental rights have never opposed against the state. In Meiji era, state controlled family but didn't intrude into the family because one parent - Kosyu - controlled family members on behalf of the state. There was not discrimination between the parental rights and the state's right against the child. I don't deny that parents use their rights in order to protect their child against state when state wrongfully intrudes into the family. In the same way, state should oppose the parental rights for the sake of child's interests and rights.
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