從家內兒虐事件論弱勢家庭扶助法制與措施——以桃園市為例

Research on Legal System and Measures of Supporting Vulnerable Families from Child Abuse Cases at Home–A Case in Taoyuan City

現今台灣社會結構改變，部分經濟弱勢家庭正轉變為脆弱、危機家庭，致家庭問題層出不窮，故行政院繼2018 年提出「強化社會安全網第一期計畫」後，又於2021 年再提出第二期計畫，深化「以家庭為中心」、「以社區為服務模式」，修復家庭功能、強化父母親職責任，更強化各部會跨體系與公私協力整合及專業合作，期盼建構「多元可及、質優量足」之服務網絡。
本研究議題核心，探討桃園市弱勢家庭扶助法制及措施(聚焦於特殊境遇家庭及弱勢單親家庭扶助)，連結「兒童權利公約」(下稱兒權公約)第6條，兒童生存及發展權之關係，因家庭為孩童生長之搖籃，故強化兒童人權，保障其生存及發展權，必先增能家庭功能、強化父母親職責任，為朝向降低家內兒虐目標，不惟探討國家介入親權之法律界限，以達保護兒童之責任；亦論及教育兒童之責任，促進渠等身心發展健康，為利兒童於原生家庭身心發展健全，故各國莫不重視弱勢家庭扶助政策措施。
弱勢家庭扶助政策措施，植基於法治基礎，期由早期「社會救助」觀點轉向發揮「社會扶助、社會促進」功能，基此，本研究著墨提出修正相關家庭扶助之行政命令建議，亦發現宜由政府領航於各社區成立家庭服務站，共同及早發掘家庭問題及借鏡歐陸家庭福利政策，適度變革家庭現金扶助制度，解決家庭困境，建議規劃以各社區發展協會為主軸，結合相關民間團體，營造社區福利自主化及公私協力機制，解決人民家庭問題，給予緊急照顧，協助其自立自強及改善生活環境，進而增能家庭功能。
本研究以文獻探討法為主要方法，並輔以質性訪談法，就受益對象及相關訪視、審案人員對整合家庭扶助措施，集思廣義共同提供寶貴意見，聚焦發掘民眾需求並提出解決家庭困境之措施。
章節安排如下：第一章、緒論；第二章、兒童人權暨國家限制親權法制分析；第三章、弱勢家庭扶助法制暨變革分析；第四章、社區總體營造－增能家庭多元扶助措施研究；第五章、結論。

Nowadays, Taiwan’s social structure has changed, some economically disadvantaged families are turning into families with domestic crisis and vulnerability, resulting in endless family problems. Therefore, after the Executive Yuan proposed the first phase of the plan to strengthen the social safety net in 2018, it proposed the second phase of the plan in 2021 to deepen the "family centered" and "community-based service model", repair family functions and strengthen parental responsibilities, We will further strengthen the integration and professional cooperation of various ministries and commissions across the system and public-private cooperation, look forward to building a service network that is "diversified and accessible, with high quality and sufficient quantity".
The core of this research topic is to explore the legal system and measures for the support of vulnerable families in Taoyuan City (focusing on the support of families with special circumstances and vulnerable single parent families), to link the implementation of Article 6 of the Convention on the rights of the child (hereinafter referred to as the Convention on the rights of the child) and children’s right to survival and development. Since the family is the cradle of children’s growth, strengthening children’s human rights and safeguarding their right to survival and development must first enhance family functions and strengthen parental responsibilities, In order to prevent child abuse in the family, we should not only explore the legal limits of the state’s involvement in parental rights, but also realize the responsibility of protecting children; It also discusses the responsibility of educating children, promoting the physical and mental development of children, and promoting the physical and mental development of children in their native families. Therefore, most advanced countries attach great importance to the policies and measures of supporting vulnerable families.
The support policies and measures for vulnerable families are based on the rule of law, with a view to changing from the early view of "social assistance" to the function of "social assistance and social promotion". Based on this, this study puts forward suggestions on Amending the administrative orders related to family support, also finds that it is appropriate for the government to lead the establishment of family service stations in various communities to jointly and early identify family problems and appropriately change the family cash assistance system by learning from the European family welfare policy, To solve the family’s plight, it is suggested that the planning should take the community development associations as the main axis, combine with relevant non-governmental organizations, create a mechanism of community welfare autonomy and public-private cooperation, solve the people’s family problems, give emergency care, assist them to self-reliance and improve their living environment, and then enhance the function of the family.
This research takes the literature review method as the main method, supplemented by the qualitative interview method, to provide valuable opinions on the integration of family support measures for the beneficiaries, relevant visits and case investigators, focusing on exploring the needs of the people and proposing measures to solve family difficulties.
The chapters are arranged as follows: Chapter 1, Introduction; Chapter 2, Analysis of Children’s Human Rights and Legal System of State Restriction of Parenthood; Chapter 3, Legal System of Supporting Vulnerable Families and Analysis of Changes; Chapter 4, Overall Community Building - Diversified Support Measures for Empowering Families Research; Chapter V, Conclusion.