The Discussion About The Found Of Parents’ Right In China

Parents’right system is an important content of civil law to adjust parentagerelations,and also an essential component of modern parent-child law. Parents’right systemis evolved from paternity system.Compared with paternity system, Parents’right system ismore characteristics of the times, more in line with the modern legal concept. Our countrydoes not state Parents’right system, but there are a lot of questions related to minors closely inthe modern society. For example, some parents often abused their children, give severecorporal punishments, even propel them toward a life of crime. To solve these problems,China’s current legal blank shows that it is essential to construct Parents’rightsystem.Modern legal system under the context ofParents’right system,the parentsemphasize more about the obligations of parents, rather than ancient paternity system aboutthe children’affiliation with the power of their parents. The present legislation of our countryadopt the guardianship system with the absorption of Parents’right system way to standardizethe parent-child relationship.Although the two are very similar, but the difference is veryobvious. In the contemporary society, the calls of protecting the interests of the minors isgrowing,it is necessary for out country to establish the Parents’right systemThe paper is divided into three parts.The first part shows the definition, feature, history of Parents’ Right Attendance and thedifference between Parents’ Right Attendance and guardianship. Parents’ Right andguardianship is different,and they have essential difference. Parents’ Right have its ownspecial function in adjusting objects, which can maintain the harmony and stability of thefamily better. It is of importance to perfect the civil law system and to solve parent-childrelationship. By stating its legal nature and analyzing historical successive changes, the authorputs forward that it has the double properties of the rights and obligations.Besides,itconsolidates the foundation for further study in this paper.The second part discusses current legislative condition of the Parents’ Right Attendanceand the necessity to construct Parents’ Right Attendance of our own. The author talks aboutthat china has a lot of problems in exercising this system,which are as followings: theprinciple of ensuring the best interest of the children is not well implemented;the Parents’Right Attendance and the guardianship are not distinguished well;contents overview are too simple: perfect relevant supervision and relief mechanism is not built. By analyzing currentcondition, the author talked about the significance of China’s current Paternity guardianshipsystem for the protection of minors and the mental patient’s legitimate rights and theshortcomings of the adjustment of parental relationship,and analyzed the neccesity ofconstruct Parents’ Right of our own.The third part presents the suggestions about the construction of China’s Parents’ Right.After a clear frame of constructing Parents’ Right,the author states the guiding principleswhich should be followed by Parents’ Right in our country. Under the right guiding principle,the author enriches the content of Parents’ Right, and clears the various power right ofParents’ Right.Then the author expounds change system of Parents’ Right,which shows thatwhen constructing the Parents’ Right of our own,we should make clear that the rules aboutthe disapperance and elimination of Parents’ Right.In the last part, the author puts forward inthe construction of Parents’ Right system,we should establish an effective monitoringmechanism to safeguard the legal implementation.