Parental Rights Study

In realistic life, it often occurs that parents impinge upon the right of their child, especially to illegitimate child , adoped child , which makes the author to think these questions. In modern civil society , the parents must change their minds. The children are not their own private property which they can deal with with easy. In family laws, the public power has intervened in the domestic field . Furthermore, the children have been gotten the special protection by the state . Thus, the parents must undertake more duties while the children can enjoy more rights.But how to reach this aim ? The author points out that parental rights can meet its condition. In addition, the law of China belongs to Civil Law whose parental rights has two thousand years old. So the author suggests that the legislature should set up two different institutions , that is , parental rights and guardianship. This article is divided into four parts.Part I is the introduction of the history of parental rights .The system of parental rights has three different progressive phrases, each having its characteristic . With the development of society , the content of parental rights has been changed , the status of child from unequality to equality.Part II deals with its definition , nature, the legal relationship and conception concerned .The article puts main emphasis upon the legal relationship of parental rights .Furthermore , the author points out that the conception of "guardianship" and "parental rights" have more differences, each having its respective function.Part III deals with the question why we must set up the institution of parental rights . The author gives three good reasons. Firstly, it helps to physical protection of child. Secondly , it helps to property protection of child. Thirdly, it has specialsocial value. So it is time for the legislator to set up the system of parental rights.Part IV comes several legislation proposals by the author , the most important of which is that "the best interests of the child" principle should be established. There is a few distinctions between Common Law and Civil Law in this principle . Thus, we can make use of the sole parental rights and joint parental rights to realize "the best interests of the child" .