Restriction on the Application of Legal Paternalism in the Transitional Period of China——From the Perspective of Hyper Legal Paternalism Prevention

Because of restrictions of individual freedom,the purpose of Legal Paternalism is to ensure individual rights with "parents will"substituting "individual will".The original intention of the establishment of the Legal Paternalism is to better achieve individual rights.Legal Paternalism has certain legitimacy for the citizens who are irrational or in weak positions.However,due to lack of specific principles and standards in its implementation,legal paternalism is also likely to create unreasonable restriction to and abuse of individual rights.While accepting the legitimacy of legal paternalism's restriction on individual rights,we should have a cautious attitude for the application of legal paternalism,set certain boundaries to restrict individual rights,prevent hyper legal paternalism and give full play to the safeguarding functions of legal paternalism in the transitional period of China.