The Research On The Exertion Of Parental Authority In China

Parental rights mean that parents exert their right and responsibilities on minors including caringand disciplining their personal aspects and property. Unlike custody, parent-child relationship andkinship, it is a unique law of the Continental Law System which derived from the parent-childrelationship. Due to the lack of parental right and its relevant provisions in China’s civil law system,parental rights system has become issues discussed by many scholars, for it is beneficial for theprotection of the interests of minors. As an entry point to the exertion of parental authority, this paperaims to provide some inspiration and help on the exertion of parental rights. The method includesanalyzing the characteristics of Parental Rights, drawing on the experience of other countries and etc.Four main parts are discussed in the paper. The first part is an overview of Parental Rights and theexertion of parental authority. This part focuses on the concepts, characteristics and the historicalevolution of parental rights and the exertion of parental authority, as well as the distinction betweenparental rights and similar systems. The second part states the status quo of the exercise of parentalrights, which mainly focuses on the current legal provisions as well as the inadequacies of the currentexercise of parental rights in China. The third part aims at finding deficiencies of the law in China andlearning the legislation of other country’s mature and legal practice, in order to make up the inadequacyof the law in China. The fourth part is the core of the paper, which mainly focuses on the study ofChina’s exertion of parental authority. The fourth part is displayed in six aspects:(1) the principles ofexerting parental authority.(2) How to determine parental subjects in different situations.(3) Ways ofexerting parental authority.(4) Supervision of the exertion of parental authority.(5) The restrictions andabuse of exertion parental authority.(6) Legal obligations of improper exertion of parental authority..This aspect is intended to ensure the legitimate rights and interests of minors to the greatest protection.For the third aspect, the author believes that the exertion of parental authority should be directly exertedby their parents with the complementary of indirect exertion. In the fifth aspects, the paper discusses therestrictions of improper exertion of parental authority, the deprivation of the rights of exerting parentalauthority, as well as the restoration of parental authority. The question of liability of abuse of parentalauthority is discussed at the end of this article. Two kinds of acts should take liability including criminalacts against minors, or seriously infringement on the interests of the minors.. Inappropriate parentalrights should bear criminal, civil and administrative responsibility to ensure that the exertion of parentalauthority in a reasonable and legitimate and effective way.This article aims to protect the vital interests of the majority of minors, the eventual establishment ofParental Rights in China and contributing to the establishment of parental authority in China and theresearch of exertion of it.