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The Civil Law Special Protection To The Rights And Interests Of The Junior

Posted on:2009-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y H OuFull Text:PDF
GTID:2166360275950871Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Many legal systems established to protect the rights and interests of the junior. Civil law,criminal law and other legal departments will play a different role.Civil law as a basic law of private rights has an inescapable responsibility on the protection of minors.Civil is all-inclusive and complex,covering all aspects of social life.Special protection to civil rights and interests of minors should be run through to the relevant civil law system.In this paper,we discuss three intercepted subjects.The relief system for junior has a lot of problems.Judicial practice appears the result may be unfair and even ridiculous.These phenomena derivatives in the fault state under the principle of fault liability.Make the fault states of the parties and the establishment of standards of fault be clear is the key to solve the problem.The human nature is challenged by the phenomenon of the killing people they loved.The system's shortcomings promote the tragedy.What missing civil legal systems have played an "add fuel to the flames," role for the tragedy? How these civil legal systems should be established and perfect? Answers to these questions are of great significance to the end of the tragedy and the protection of the interests of minors and the harmony for family and the social.Minors must take part in many socio-economic activities during growing up,but the effectiveness of many contracts may be denied due to the mental gap of the minors. This legal system is relating to the protection of property rights and interests of minors, relating to learning in economic activities and experience.The relevant legal systems in china are unsound and imperfect so we should study them to find the problems and make recommendations.The three-section to be discussed in this article based on the special physiological and psychological characteristics of minors.Analysis and explore in the light of the rest of the world's existing advanced theory and practice of justice.With a view to make up the legal system defects of China's special law to protect minors and make the minor's special legal protection a more robust legal system.
Keywords/Search Tags:the junior, fault, guardianship system, family education right, parent's punishment right, contract system capacity
PDF Full Text Request
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