Parental Rights Study

Parental authority is the core of the legal system which deals with relationships between parents and children in the countries of continental law, but in fact there aren't any systematical regulations on parental authority in the law of our country. So the legal concept of parental authority does not exist. The writer thinks parental authority is the exclusive legal right given to parents to discipline and protect their children regarding their person and property, in order to assure that the parents can discipline and protect their minor children effectively. Parental authority and guardianship are two different kinds of systems. Guardianship is the complement of parental authority. Our country should learn from legislation experiences of different countries. We shall adapt good laws from other country, at the same time; we shall base our legislations on the particular situation of our own country. We shall maintain our tradition of filial piety, meanwhile adapt the parental authority system based on spirit of individual equality, therefore we can have a parental authority legal system which protect the children's right and not hurting the parents' emotion at the same time.The first part: summary of parental authority. This part is about fundamental theoretical questions on parental authority. The nature of parental rights is right instead of obligation. It is a legal right given to parents in order that they can perform their obligation effectively. The goal of the Parental authority and guardianship are both established for the protection of minor children who have no capacity o limited capacity for civil behavior. However, parental authority and guardianship is two different systems, for the angel of protection of minor's rights, the guardianship is the complement of the parental authority. Only under the circumstance that parents die or they are a live but can't exercise parental rights, guardianship system become a necessity, when parental rights is in force, there is no guardianshipThe second part focuses on comparative studies of the systems of the parents' authority. In this part, we study the systems of parental authority of Roman law, continental law and common law countries, and then we can...