社会保障法学的見地からみた児童虐待法制のあり方(シンポジウム「虐待防止法に関する総合的研究」)

抄録

The incidence of child abuse is increasing in Japan. Therefore, it's prevention is an matter of concern. This paper considers this problem from the standpoint of social security law. It is because long-term and comprehensive assistance is necessary for the persons involved in child maltreatment and because social security law can provide such assistance to the people. Thus, I focused on a risk. As a result of this study, it became clear that it is necessary to improve human resources and legal systems more than before. Furthermore, it also proved that coordination among different policies and a more positive participation by the family court are necessary. On the other hand, the opportunity of the public institution intervention in family affair is expanding in recent years. If it's final purpose is family reconsolidation, it is hard to say that such expansion is preferable. Two viewpoints of expansion and restraint are required to deal with child abuse problem. How we should coordinate these two viewpoints is a difficult task.