The Study of Child Abduction Crime

• Main Authors: Chen Wang, 王晨
• Other Authors: 黃榮堅
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/mgayw3

碩士 === 國立臺灣大學 === 法律學研究所 === 107 === The element of abduction crime is to abduct a minor under the age of 20 to leave his family. Traditional opinion regards the legally protected interest of abduction crime is family relationship and the parental custody. However, the focus of the modern family relationship has transformed into “the best interests of minors”, the abduction crime should also consider the best interests of minors and the self-willingness of minors. In Chapter 2, this thesis reviews the relevant opinions and recent practical judgements of abduction crime in Taiwan, especially analyzes 66 cases and classifies them into 4 types: “parental competition”, “cohabitation”, “taking away young children” and “prostitution”. In Chapter 3, this thesis discusses the transformation of the image of minors from the past to the present, that is, from the perspective of sociology and developmental psychology to explore the development of cognitive ability, logical deduction ability and impulsive control ability of minors at different stages. The studies show that when a minor is separated from the primary caregiver prematurely, it may damage the attachment of the minor and cause physical and mental harm. Furthermore, in Chapter 4 this thesis reviews the evolution of Chinese and European patriarchy, and compares the idea of children’s right nowadays. The Convention on the Rights of Children in 1989 plays an important role in promoting the children’s right, since it defines that the child has the right to claim protection, the best interests of the child shall be a primary consideration, and the child has the right to express those views in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. Accordingly, the Family Law in Taiwan emphasizes the idea of “Child-Based” and stipulates the court shall consider the best interests of the child when deciding the person who exercise the rights or assume the duties of a child. Therefore, this thesis believes that the abduction crime protects the rights of minors instead of parents. More precisely, the abduction crime is to avoid the physical and psychological harm caused by the premature separation of minors from the family. The legally protected interest is “the benefits of healthy growth for minors”. Since the abduction crime protects minors, when minors are mature enough to express their will and take responsibility, we should respect the decision of minors. As a result, the legislature should exclude minors over the age of 18 from the object of abduction crime. In addition, if minors are mature enough, the element of “leaving the family” should be limited to “long-term” and “completely disengaged”.