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Study On The System Of Parental Rights In Our Country

Posted on:2009-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhuFull Text:PDF
GTID:2166360272971256Subject:Economic Law
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Parent-child relationship is one of the most important and most basic in the human social relationship, which is also an extension of the relationship between human affection and the human instinct of a feeling. But with the deepening of reform and opening-up as well as socio-economic development, people's traditional moral and family values were tremendously changed, all of these are affect the stability of the relationship between the parent-child relationship. The technology of Paternity testing has been extensively used and concerned in reality in recent years. However, we must to know fact that paternity testing is not only bring the truth to the sun, it also reflect that people are play more and more attention to the parent-child relationship, and they can not to find the help from the legislation of parental rights in our country.The aim of the system of modern parental rights is to protect the interests of adolescent. The relationship between the parents and the child is the main object for the parental rights legislation. It targeted mainly to provide rights and obligations for the parents and their children, of which more is provided authorities for the parents. It claimed that parents should try their best to take care of their children's body as well as their property, such as the proxy matters, housing designated right and etc. At the same time, the legislators in order to guarantee the young people with a healthy and safe environment to live, they all set up the parental authority in the family law or to amend the old regulations, and in such legislations they all biased in favor of the interests of the adolescent. Therefore, we can find the fact is that even the parents have a series of authorities to their children, but all of these rights were reflected in the kind of responsibilities and obligations.With a calm consideration of the Paternity testing technology and then I choose the parental rights to research. We all know that the law legislation is based on the reality and its aim is to guarantee people with a better environment to live in. but unfortunately, the reality is not stability as the law, so that make the law legislation always be leaved behind with the development of the society. Such phenomenon is also existed in the legislation of parental rights.This paper is divided into five chapters. In chapter one, I make a carm consideration on the paternity testing, and then I will give an analysis on the paternity testing, and through these we will find that it is urgent for us to improve our legislation on the parental rights; Chapter II: an overview of the theoretical system of parental authority. By comparing the methods of law study, I analyzed the system of the parental rights as well as the basic concepts and the basic theory of it, and then track back to its history and analysis its future legislate trends of the different country's family law; Chapter III: China's legislative system. In this chapter I will illustrate the drawbacks in the system of parental rights of our country and the necessities of establishment and perfection of parental rights system; Chapter IV: The perfection of the System of parental rights of our country. This one is on the basis of the analysis above, and then give some suggestion to perfect the system of our domestic parental rights; Chapter V: Conclusion.
Keywords/Search Tags:paternity testing, parenthood, parental rights, parenthood legislation
PDF Full Text Request
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