Research On Construction Of Chinese Paternity System

Parental right is a very important law system which adjusts to the relationshipbetween parents and minor children. It is also a guarantee for minor children’s rightsand interests. In spite of the slightly different indication, they all share the basicmeaning of parental rights in domestic academe. Modern parental right is parents`rights and obligations to minor children in personal and property aspects in view ofidentities. Although the civil law in our country is belonging to civil law system,guardianship system of common law system is taken as the existing legal regime.After three times of legislative interpretation, the marital inheritance law in ourcountry has never touched the establishment of parental rights. The rules of Generalprinciples of the civil law and Marital inheritance law in our country, in a way hasinclude or taken the place of the parental rights system. But on the theoretical side,there still are many loopholes and some repeat rules in the legal system at present. Forexample, General principles of the civil law say that a guardian shall fulfill his duty ofguardianship and protect the person, property and other lawful rights and interests ofhis ward. At the same time marital inheritance law also has a similar rule says thatparents shall protect and educate their minor children and so on. These rules abovedon’t distinguish parents as guardians from others as a guardian. The present lawshave ignored the parents and minor children’s special status relationship.This article is divided into three parts to describe the necessity and specificmeasures of building the parental rights system in our country.The first part of this paper introduces the origin and the concept of the parentalrights system and the characteristics. The paternity system has originated fromRoman law and Germanic law. Patria protests are analyzed in detail the rights andduties in the relationship with the patriarchal and simple introduced with the paternitysystem in continental legal system of Japanese family law of evolution. Secondly, thisarticle discusses the concept and main characteristics of modern paternity system.Although there are many opinions about the concept of paternity system in academic theories, but the basic connotation is consistent. At the same time, the differences ofpaternity and guardianship system determine the urgency and necessity of setting uppaternity system in our country.The second part is about the current situation of the existing guardianship systemof our country and analysis. In some way the guardianship system is a supplement ofpaternity system. But through the compare of different countries which has paternityand guardianship system, we can tell that these two systems are the two that do have across and still cannot contain each other. How to protect the rights and interests ofchildren, take illegitimate children for example, the article focus on the deficiency ofexisting regulations and solutions.The third part is the opinions of author about the study on the principles thatshould be followed, the subject of right and obligation, the content and the loss andrecovery of paternity system. Among the principles the author emphasis on theirchildren’s best interests to the first principle. Probes into the new technologies such aspaternity test methods of impact on whether the subject of rights and obligationswould change or not. And as the big change of China’s national conditions, thesubject of parental right is getting more and more complicated. The following partrefers to the academic advice and other countries`experience to determine the contentof the paternity system of our country. The last part suggests the detail of building theloss and recovery of paternity system.