Research On Construction Of Chinese Paternity System

The rapid development of global economy has brought great changes of civillaws, with the right of the evolution and the identity is vanishing, the legal system ofparental rights in the continental law system country code still occupies veryimportant legal status. However, precisely in such a attaches great importance tocultural traditions、relatives、or family status of ethics is particularly heavy in thecurrent civil law system, but not about parental rights provisions of the legal system,even none of the legal concept of parental rights is mentioned. The current content ofthe guardianship system is too simple, too difficult to operate in practice, has beendifficult to apply to the conciliation of family and social relations, a variety ofdeficiencies and defects so that the requirement be limited to the form of, willinevitably lead to a large number of minor guardianship missing, which led to a lot ofsocial problems. Our country at present the general rules of civil law due to theguardianship system legislation style, limits on the number of provisions, plus thesocial economic conditions, thought the limitations of living standards, and at thattime the legislation "appropriate thick should not be fine" legislative guidance, causedto the provisions of the guardianship system too simple, general, and even with a partof the branding of the planned economy. In today’s social and economic developed,social height between parents is becoming complex, people’s thinking is changing,legal concept enhanced, but the family idea is abate. Lack of rigor and systematicguardianship system becomes a mere formality, has been difficult to meet the need ofthe society.The civil code for being revised, many scholars believe that should be takenparental rights concept, put the parental rights legal system into the civil code.Parental rights is based on its identity parents for minor children of the person andproperty protection cultivated the rights and obligations. Parents for minor children,education and protection of bringing up is the core content of parental rights system.Parental rights based on family parents and children of the blood relationship which is based on the right may not be deprived. Once the relationship of children and parentsis set up, protecting children also become parents′legal obligations.China’s current civil law system is using guardianship system to achieve forminors protection and education, through several civil law countries, such asGermany, France and Japan parental rights in the civil law system, we found that theexistence of the parental rights legal system can fully achieve the protection of minors.Our law is gradual improving now, we should get rid of the dross to absorb new ideas,and intensified efforts to change the chaos wrought which is because of historicalreasons. Set the legal system in the style of parental rights in marriage and family lawsystem, even if one day our country to achieve a uniform civil code system, andultimately to achieve the regression of parental rights to the civil code. Combiningwith the mainland legal system country to parental rights system research, try to putthe parental rights legal system into being revised civil code, parental rights of legalsystem to construct, and how to construct. In parental rights adopted based on thebasic concept, and then a monitoring and parental rights do a specific distinguish,clear the specific content of the parental rights, and parents in the exercise of theparental rights after divorcing make the regulation, and set up parental rights stoppingand recovery system, can protect the interests of the minors more comprehensively.