How To Establish The Basic Frame Of Legislation For Parents' Right Attendance In China

Parents'Right Attendance is an essentially legal component of civil law to regulate the parentage relations,and a core content of modern parent-child law. The Parents'Right Attendance is continuously changing and improving with the development of society. In recent years, it occurs frequently that rights and interests of minors are seriously infringed and it is often heard that minors disobey parents' discipline, leave home and even lead to tragedy. However, there is no explicit specification about the Parents'Right Attendance in the Chinese law system. The author believes that the Parents'Right Attendance is a legal and exclusive right and obligation that ensured by the law for parents to effectively supervise and protect their children's person and property. The Parents'Right Attendance is different from the guardianship, which is a supplement system to it. Based on our own national conditions, china should establish Parents'Right Attendance correspondingly by borrowing the foreign experience of legislation in this aspect.The paper is divided into four parts.The first part talks about the definition, significance and nature of the Parents'Right Attendance, which is the basis of the thesis. The Parents'Right Attendance is a kind of relationship between the parents and minors, therefore which has some special characteristics compared with the guardianship. It is of importance to perfect the civil law system and to solve parent-child relationship. By discussing its legal nature and analyzing various academic opinions about it, the author puts forward the statutory right is rational in the Parents'Right Attendance theory, which consolidated the foundation for further study in this issue.The second part discusses the basic theories of the Parents'Right Attendance. For the correct application of the parental right, the author analyzes the legislative principles, the contents and the exercise of this right.The third part talks about the legislative status quo of the Parents'Right Attendance. The author points out that china has a lot of problems in exercising this system as followings: the principle of ensuring the best interest of the children is not well implemented, the system of the Parents'Right Attendance and the system of the guardianship are not well distinguished, Provisions on the rights and obligations is too simple to best serve the interest of children, a supervisory mechanism and relief system is in the absence. Therefore, it is essential for our country to establish and improve Parents'Right Attendance to better safeguard the interests of minors.The part four discusses the perfection of the Parents'Right Attendance. Firstly, the author emphases the legislative principle of this system; Secondly, the author proposes that the Parents'Right Attendance should be included in the Part relatives Of Civil Code; thirdly, the author considers it is reasonable to distinguish the guardianship system from the Parents'Right Attendance systematically; finally, the author thinks rights and obligations of this system should be more specified and applicable.