儿童权利在权利学说上争议之探讨

在儿童作为权利主体的正当性问题上,西方学者们一直存在着巨大的理论分歧,这种分歧主要集中在选择论和利益论之上。比较而言,利益论作为儿童权利的理论基础和出发点,较之选择论有诸多优势。然而,最终它面临的关于儿童权利问题的挑战和困境与选择论是相同的,也即涉及儿童权利理论的前提性批判、儿童权利的行使以及儿童权利的具体内容等问题。

On Children's Rights Concerning the Disputes over the Theory of Rights

Concerning the problem of legitimacy of children as subjects of rights. Among Western scholars there have been many theoretical differences, which are mainly focused on choice theory and interest theory. As the theoretical foundation and logical starting point of children＇s rights, interest theory has many advantages compared with choice theory. However, eventually the challenges and dilemma interest theory faces on children＇s rights are the same as choice theory, such as the premise of criticism to children＇s rights theory,the exercise of children＇s rights and the specific content of children＇s rights.