On The Construction Of The System Of Parental Right

The system of parental right, derived from the Roman and Germanic law, concentrates on the protecting the right of the relative person of the parental right,which is actually the combination of rights and obligations on disciplining and protecting the personal and property rights of the relative person of the parental right based on blood relationship or quasi-blood relatives. Besides the instruction and the conclusion, this paper devides into four parts to conduct the research of the construction of parental right system.The first part concentrates on the theoretical study of parental right comprehensively by illustrates its concept, characteristics, and historical origin. Parental rihgt, transitioned from Patria Potestas to paternity, has now progressed to rearing,educating and protecting the right of minor children.The second part is about the necessity and feasibility of construncting the parental right system in our country. In the author’s view,the construction of the parental right system is the actual need of the future civil code of our country, thus, the author demonstrates the necessity and feasibility of construncting the parental right system successively. In this process,the Continental Law system’s legislation and judicial practice, and the research results of senior scholars provide useful references and theoretical basis. Taken together, the legislation of the parental right system in our country is practical. However, seperations should be made in the legislation process between parental right system and the guardianship system, in order to ensure their own function in protecting the interests of minor children.The third part is to illustrate the foreign legislation practice and their useful references. Firstly, the author expounds the legislation practices of the two law systems. Then, based upon systematic research, adopting the comparative research method,the author of this thesis points out that there are dissimilarities about parental right system in continental and common law system between legislation style and rights and obligations of parental right. At the end of this part, the author discusses the referential significance of foreign parental right system.The fourth part is the assumption about the construction of Parental right system. After elaborating the principles in constructing the Parental right system, which include the joint parental right principle and the best interests for the child principle, the author conceives the content of the construction of Parental right system in our country, and demonstrates the subject, content, the object and its situationally change of the parental right system as well.