Criteria for Judging the Effectiveness of Guardians’ Consent

Xinran Lv; Ke Zheng

doi:10.54691/bcpssh.v16i.450

Authors

Xinran Lv
Ke Zheng

DOI:

https://doi.org/10.54691/bcpssh.v16i.450

Keywords:

Minors; Guardians' Informed Consent; Scene Justice Theory; Justifiable Purpose Theory; Cost-revenue Analysis.

Abstract

The rapid growth of data interests may increase the risk of damage to the interests of minors. Although there is a system of informed consent by guardians in the existing legal system, the restrictions on the validity of consent are vague, resulting in a large number of ineffective consents that violate the interests of minors. As for the restriction of the validity of consent, the representative theories in academic research are the " scene justice theory " and the " justifiable purpose theory ". In this paper, we adopt the Cost-revenue analysis method to analyze the costs and revenue of the two doctrines and compare the net profit. Then, the Cost-revenue analysis of the " scene justice theory " as a perfection proposal and the existing system was conducted, and the conclusion was drawn. The proposal can protect the economic and personal interests of minors, and the cost of operating the system is low and fixed, and the cost of obligations is also low. In terms of net profit, the proposed improvement is better than the status quo, and the " scene justice theory " should be introduced as a criterion for judging the effectiveness of guardians' consent.

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References

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