Study Of Parental Rights Legislation

Parental rights based on parents' identity, includes rights and obligations of their minor children in personal and property. Our legislation does not adopt the concept of parental rights, but the substance of parental rights in fact exist. The system of Parental rights , including subject, content, exercise, etc. China's legislation only provides for the content of parental rights, resulting in legal loopholes. Based on the national conditions and our problems in judicial practice, the author point out that china should establish an independent system of parental rights. The full text of the main body is divided into the following four parts:The first part is an overview of Parental Rights. This section discusses the concept of parental rights and the features of parental rights. Then Parental rights and guardianship were compared. On the basis of different country's legislation, author Summarized the modern development of Parental Rights of the four trends.The second part is the legislative situation of parent-child relationship and the shortcomings of our legislation. Author summarized the current relevant legislation, and analysed these rules. The analysis of problems in judicial practice point out China must improve the legislation of parent-child relationship.The third part is the mode selection of parent-child legislation. Through analysing of relevant legislation, China should establish an independent system of parental rights and should be used as one part of the future unified civil code.The fourth part is the content of Parental Rights system of our country. Through a comparative of different theories, author believe that parental rights should not include the parents' support obligations of minor children, parental rights include name decision rights of their children, etc. During the marriage, parental rights should be exercised by the two parents. After divorce, the parental rights of the other one should be temporarily suspended. Parental rights can change due to the occurrence of legal facts. The changes include suspension and elimination. Changes of parental rights may cause different Legal consequences. Our State must interfere in the phenomenon of abusing of parental rights.