Exploration Of Parental Rights

Parental rights system is the core of the civil law countries to protect the interests ofthe juveniles, although with the rapid development of social economy, many identity rightsbegan to change gradually, even disappeared. Parental rights system as the protection ofjuveniles in the position of the civil law countries, however, never wavered. It is enough toillustrate the necessity and significance of existence of parental rights system. However,have such a long history and cultural traditions, attached great importance to the kingdomof family ethics in our country, there was no regulation of parental rights system. Althoughour legislation have the content about parental rights, because of the lack of a clear parentalrights concept, it did not make clear rules on the relationship between parents and children.What’s more, it also did not establish a complete and systematic guarantee systems for thejuveniles. So in recent years, many serious infringement of the interests of the juvenilesevents occurred frequently, such as the abuse of children,parents force their children intothe streets to beg and so on. These events usually can’t be settled properly. Despite we havethe guardianship system in our country, but the rules are too simple, the content of theguardianship system is difficult to operate in practice. The system is basically useless inmost cases. This system could not mediate the complex relationship between parents andchildren in our country, leading to violate the interests of the juveniles events occurredfrequently.And other civil law countries, such as Germany, France and Japan, have alreadyestablished a relatively complete system of parental rights. They established the principlesof the protection of minors. Therefore, through the study of parental rights system of somecountries such as Germany, Japan, and the guardianship system of our country comparingwith parental rights system analysis, and combined with the existing problem of therelationship between parents and children in China, the author put forward somesuperficial views about construction of parental rights system in our country.