Study On System Of Parental Power

Paternity system that originated from Roman law and Germanic law has walked into the world. Civil legislations of most modern countries have established paternity system to protect juvenile's interests. However, due to lack of paternity system, when parents infringe upon under-aged children's interests, it is difficult to seek protection from law, which involves many family questions. For this, the author tries to construct paternity system of our country by means of theoretical study. This paper is divided into three sections, foreword, main body and conclusion.The main body includes:theoretical study of parental power , analysis of static state of parental power, analysis of dynamic state of parental power, the drawbacks in system of parental power of our country and necessity of establishment of parental power system.The first chapter illustrates the theoretical study of parental power. The chapter introduce the theoretical study of parental power comprehensively by illustrates parental power's concept, characteristics, and historical origin.The second chapter introduces the analysis of static state of parental power. The chapter introduces three factors of parental power: subject, object, content. When discussing body looking-after right of the content of parental power, chapter two focus on Right of children's education, Right of designation of residence, Right of petition for return of children, Right of permission and agency for children's identification conducts .And When discussing property looking after right of the content of parental power, chapter two introduces Right of children's property management, Right of property use, Right of property disposal.Chapter three introduces the dynamic state of parental power. The chapter focuses on some important issues in exercising of parental power. The part analyzes the basic principles of exercising of parental power and basic principles of exercising of parental power after parents'divorcing. The chapter takes a great part to in studying the right to visit. At last chapter three illustrates vicissitude of parental power includes forfeit, restoration and extinction of it.Chapter four illustrates the drawbacks in system of parental power of our country and manifests the legislative conception of system of parental power of our country. First, the chapter illustrates the drawbacks in system of parental power of our country and necessity of establishment of parental power system. Second, chapter four confirms the doctrine and legislative model of parental power system. Finally this chapter establishes our country's system of parental power that includes system of subject, system of content and system of vicissitude.