On Legislative Construct Of Parental Power

Modern parental power that originated from Roman law and Germanic law regards protecting juvenile's interests as its most important principle. It refers to such parents' rights and obligations to under-aged children as custodial, education and protection in personal and property aspects in view of identities. The author tries to construct system of parental power of our country by means of comparative study. This paper is divided into three sections, foreword, main body and conclusion. The main body includes five parts.Part One is about general illustration of parental power. This part illustrates parental power's concept, which is most popular statement in the field of theory. Retrospecting the historcial origin of parental power to illustrate the principle of mordern parental power that evolved from paternal power is from "for paterfamilias' interests" to "for children's interests".Part Two illustrates the drawbacks in system of parental power of our country and the necessity of establishment and perfection of parental power system. In the history law of domestic relations of our country, the word of "parental power" never appeared, but parental power actually exists. There are many provisions about system of parental power's protection and education for children in our civil legal regulations, but so many drawbacks still exist, which are manifested on unclear concept, confusing paternity and guardianship. The contents are too simple, too principled and abstract, lacking of operation-ability, which results that law is difficult to be applied in practice. Therefore, it is imperative to build and improve the system of parental power in our domestic law.Part Three is the comparative study that is about the system of parental power of the most civil law countries. Then analyze the existing custody which including the substance of parental power in common law countries. Finally, by comparing the custody with parental power and considering the condition of our country, bring forward the juristical pattern of the coexistence of parentnity and guardianship. Part Four gives a general picture of China about the reality of the legalization on custody. Compared with the shortcoming of our regulations it gives us a wake-up call about the necessity of establishment in theory and in reality.Part Five manifests the legislative conception of system of parental power in our country. First, our legislation should be carried on under some principle. Second, the content of parental power in our legislation should bu improved according to mordern society and the popular legistical stituation in the world. Third, manifests the guarantee system of parental power consisting the terms of obligation, the ways of burdening the responsibility of violation. Finally, any system accompanys with an supervision, so our legislation needs a such kind system to mintor parentnity.