Parental Rights System And Its Legislation To Build

Modern parental power that originated from Roman law and Germanic law regards protecting juvenile's interests as its most important principle. It refers to such parents' rights and obligations to under-aged children as custodial, education and protection in personal and property aspects in view of identities. The author tries to construct system of parental power of our country by means of comparative study. This paper is divided into three sections, foreword, main body and conclusion. The main body includes four parts.Part One is about General illustration of parental power. This part illustrates parental power's concept, characteristics, and historical origin. Modern parental power is parents' rights and obligations to under-aged children in personal and property aspects in view of identities. Parental power is the right and obligation owned by parents in view of their identities. It is the collection of rights and duties and is with the most important purpose of education of under-aged children and protection of children' interests. The principle of modern parental power that evolved from paternal power is from "for paterfamilias' interests" to "for children's interests".Part Two is the comparative study that is about the system of parental power of the most civil law countries. This part includes parental power's subject, object , content and vicissitude of parental power. The subject of exercising parental power is parent; Under-aged children is not the object but the subject of parental power, named relative subject of parental power. Reviewing most countries' legislative cases, the content of paternity includes two parts, body looking-after right and property looking-after right. Body looking-after right can be specifically manifested in following rights: Right of support of children, Right of designation of residence, Right to petition for return of children, Disciplinary authority, Right of permission and agency for children's identification conducts. Property looking-after right can be specifically divided into following rights: Right of children's property management, Right of property use, Right of property disposal, Agency and permission right of...