Research On The Parental Right

With more and more problems like parents abuse of their under-aged children, the dispute about the visit right after divorce .The parental right have get a cause for concern. But there are various questions in our current legislation concerning parental right in our country. For example, the subjects of the parental right haven't been distinguished, the relevant Laws are very simple, many contents repeated and didn't involved the property looking-after right, the changing-system of the parental right is not perfect, the rules about the parental right after divorce is not clear. All of these make the rights and interests of the subjects of the parental right and their under-aged children won't to be protected reasonable and entire. But the academic lack of in-depth and systems research on the parental right, and still not reached a consensus on the special right holder's parental right, the challenges from"surrogate births",the tort and legal remedy and so on.Full-text divided mainly into two parts. The first part contain the first chapter to the forth chapter, the second part is the fifth chapter. In the first part, The first chapter is the introduction; The second chapter defines the meaning and property of the kinship, and research the process of the kinship changing from the family interest-based relationship into the under-aged children interest-based relationship through the methods of historical survey to explore the development of the parental right; The third chapter analyze the meaning, quality, values, subject, content and the changing-system of the parental right hold the concept of more angles and in-depth analysis, define the concept of the parental right to be"the freedom, proposition, qualifications, power and interest which to be confirmed by the customs, moral or the law for special right holders in deciding the related questions about the kinship to safeguard and protect the interests of their under-aged children. The parental right is a compound rights concept. Specifically, the parental right is not only the constitutional right, but also the civil rights which against the tort from the state and person in private laws; the parental right are both the right and duty for the subject of the parental right; to some extent, the parental right is civil liberties; the parental right is the right of status for parents to be enjoyed equally under the parents identity framework. The value in the parental right must be freedom, equality and justice. The subject of the parental right including the right holder and the opposite subject, the former is the person with the identity of parents generally and the latter is the under-aged children. Distinguished the ordinary power and the limited power in the content of the parental right, the disciplinary power is the limited power, the right to decide name and the right to apply the missing and death is not the content of the parental right, the changing-system of the parental right is divided into four parts:The loss of the parental right, The suspend of the parental right, The restoration of the parental right, The destroy of the parental right. The forth chapter is talk about the problem of making the parental rights becoming true. Firstly, classify the person to be married and unmarried, gay and straight and to treat them differently in the law is to be demonstrated unreasonable and unfair. Talk about the problem of making the special right holder's parental rights becoming true and analyze the tort and legal remedy of the parental right. The second part is just the fifth chapter, to establish the parent right's legal system in our country is necessary.