| China has a large population of minors up to three hundred and fifty million .That how to protect die interests of such a huge group is not only relevant to their own healthy growing-up, but also to the development of the society as well as the future of our country. Accordingly, it is an important mission of Chinese civil law to integrate the legislation of minors' protection. As to the protection, there are two different system, one is civil law system ,the other is the common law system. Presently , most scholars of our country claim mat we should model after the civil law system after studying civil law system to establish paternity . From the angle of comparisons between Chinese custody system and America's, in the thesis I try t o seek the benefits and enlightenments that Chinese custody system can get from that of America's.The thesis has four parts except for the preface.The first part is the conception and nature of custody . I hold that custody is a civil law system which supervises and protects the body > property % other legal interests of the minors and mentally ill persons as well as others no or limited capacity for civil conduct. custody means a kind of obligation.The second part is a brief introduction to Chinese minors custody system and that of America's, which gives a better understanding of the situation about minors custody system in China and America, especially in the latter one.The third part is the comparison of the system between China and America, through which one can elicit the similarities and differences of the two countries in the establishment > change > termination of custody ,the obligation of custodians ,the custody of children after parents' divorce etc.The fourth part is the influence of American minor custody system on China's. After analyzing I think China should stick to the current legislative , then based on this ,take some helpful things from American minors custody and rebuild our own custody system... |
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