On The Legal Protection Of Property Rights Of The Juveniles

The property rights of juveniles, are refer to the right which enjoys to oneself all properties, including occupation, right of use, usufruct and disposition. Nowadays the various countries have acknowledged universally to the property rights of juveniles,and also even more consummate the to the protection of the property rights of juveniles. As a result of the confines of the minor age and intelligence, majority national establish the child custody law and guardianship system. The parents or the guardian of property fulfill the responsibility to protect the property rights of juveniles. At the present time , the Marriage Law in our country has not set up the child custody law. It does not meet the requirements of complicated relationship between parents and children. Therefore, we should clearly distinguis the differences between child custody and guardianship. It is necessary to improve the situation through the establishment of the Child custody law and Guardianship in the Marriage Law.This article divides into four chapters to carry on the elaboration separately: First chapter is the property rights of juveniles outlines. It is necessary to analyze the the historical development of the legal protection for the property rights of juveniles. The second chapter is about the investigation of comparative laws of the foreign law's experiences,as well as Hong Kong, Macao and Taiwan area legislation . The third chapter aiming at analysing the protection legal framework and the character of the property rights of juveniles in our country. Our country concerned minor property rights protection legal framework is incomplete, and it also lacks the feasibility in the judicial practice. Fourth chapter is thinking of the author to consummate our country minor property rights protection system. In the legal framework, to establishment the "Best interests for the child" principle, is necessary to sets up child custody system and the guardianship system in our country's Civil code. Finally the author suggested we should set up the guardianship surveillance system and the judicial relief system.Through the study and the research on the protection system of juveniles' property, the author hope ,according to our country realityand the overseas law and system, establish the juveniles' property rights protection system with the reasonable theory.