儿童作为权利主体在人权理论上的证成与限度

西方学者对于儿童是否可以拥有权利的理性反思最初是在人权维度上展开的,他们依据人权的论证逻辑来论证儿童是人,因为他们是人,他们就应该享有人之为人的权利,儿童权利乃是一种不可剥夺的道德权利.无可否认,儿童作为权利主体在人权理论上的证成对于发掘儿童的内在价值、认真对待儿童权利、丰富人权理论具有十分重要的意义.但是由于这种论证过于简单和粗糙,其存在着对于人权理论中“人”的含义的重大误解,缺失对儿童这一群体特殊性的关注及其对儿童权利认识的有限性和不充分性等问题.

The Justification and Limit of Children as Subjects of Rights on Human Rights Theory

Which the western scholars launched the rational reconsidering about whether children have fights or not are initially in the human rights dimensions.According to the logic of human rights,they generally prove that children are human rights,only because of children are human,and they should enjoy rights of man as human.So the rights of children are unalienable moral rights. There is no denying the fact that the justification of children as subjects of rights on human rights theory has very important signif- icance to exploiting the intrinsic value of children,to treating children＇s rights seriously,and to riching the theory of human rights. But because of such justification is too simple and rough to there is a great misunderstanding to the meaning of ＂men＂ in human rights theory,and there is laek of attention to children as special group and there is finiteness and insufficiency to cognigc children fights.