Study On Parental Right System

In recent years, it has been repeatedly seen from the media that many parents lead, hire out or even force their own children to beg in the streets. It has often happened that some parents maltreat under-aged children, and the disputes about raising under-aged children have been often heard. But because the concept of parental right has not been established, there are no laws and regulations adjusting parent-offspring's relation in our country, and we have not constructed systematic and perfect parental right system, so it is difficult to deal with some cases in the field of parental right. The writer tries to build up systematic parental right system and improve it by drawing lessons from the methods of legal system of other countries and regions.There are four parts besides preface and conclusion in this dissertation.Part One:summary of parental right system. This part mainly explains the basic theoretical question about parental right system. Parental right refers to summation of rights and obligations of protection and education, which the guardian shall assume in terms of person and property of under-aged children, concentrating on protecting benefits of under-aged children, based on definite relationship of their own children. Parental right combines rights and obligations into one. The subject of rights and obligations is the parents, and the content includes person looking-after right and property looking-after right.Parental right and guardianship are two different concepts, and there are both connections and differences between them. They are similar in nature, subject of right, content, and guardianship is the complement to parental right in some meaning. The paper focuses on the studies their different concepts, formulation foundation, subjects, relative subjects, content of rights and obligations, social function and content of legal systems. So guardianship can't simply replace parental right. Part Two:historical evolution of parental right system. Parental right system is the important legal system in continental laws, adjusting parent-offspring's relation. It originates from Roman law and Germanic law, through three progressive phrases. In early period, Roman law prescribed right of father. The earliest right of father is an absolute controlling power over person and property of all the people and things in the family. With the development of the society, regulations concerning parental right in Roman law gradually changed. Various rights were separated from right of father. In the period of Germanic law, right of father began to include right of protection for children. Right of father in Germanic law has two functions: one is ruling family and the other is protecting children. At that time, right of father had appeared in rudimentary form. In modern times, parental right system develops further. It is no longer absolute controlling power. It explicates time limit of parental right, that is, only for under-aged children, but there are unequal factors. Modern parental right system consolidates the protection for benefits of children. At the meantime, it realizes that parents carry out right together. Now, parental right does not include the meaning the right of father has absolute control over children and it becomes system of parental rights and obligations of fostering, disciplining and protecting under-aged children.Part Three:current situations and deficiencies of parental right system in our country. Although there are some regulations about parent-offspring relation, the regulations can be found in different ongoing laws. Therefore the legal system is not systematic and perfect. Great guardianship does not live up to the condition of our country. Abstract and generalized regulations are not easily applied. Regulations adjusting rights and obligations of parent-offspring are obviously incongruous. Our laws lack some contents and have defects such as unclear definition of parental rights and obligations to children after divorcing. All of above result in being unable to relieving the under-aged children whose rights are encroached on. Building up perfect parental right system will help to lead to science of civil law, meet the requirement of the social reality and do more to protect the legal rights of under-aged children.Part Four: legal improvement of our parental right system. Parental right system should include: First, principles of applying parental right. Second, subjects and relative objects. Third, content of parental right .Forth, suspension, rehabilitation and elimination of parental right. Parent-offspring relations are not only reflected in private law, but also in public law, which shall be protected by the country. Therefore, if parents do not (or cannot) fulfill obligations of parental right or they abuse their rights, the country shall intervene. Learning from foreign legislative experience, we shall prescribe suspension, rehabilitation and elimination of parental right when establishing parental right system in our country. The writer puts forward her own views according to the content above on the basis of argument and gives some advice for improving our parental system.