The Comparative Study On Legal System Of Parent Responsibility

Children are people’s expectations and they are the future of the world. At present, it is widely recognized by countries of the world that children entitle to the right. Lack of respect for the rights of children is regarded as the greatest of human rights abuses. Parental responsibility system is the most core elements of children’s rights protection and it is the concentrated expression of maximizing benefits for children, because family is the most important shelter. More or less contents of parent-child relationship are specified by most countries of the world and international convention of parental responsibility is gradually formed and developed. However, because of traditional patriarchal Confucianism, laissez-faire attitude of family autonomy, less legal importance, increased divorce rate and migrant workers quantity, inability of state authorities intervene, work pressure and imperfect law, parents have different views in the process of raising children, even contradictions and differences. Therefore, it is significant to study and improve the system of parental responsibility. It contribute to The system provides a complete and detailed division of responsibilities, contribute to protect the interests of children. Combined with the provisions of relevant national and international conventions, analyzes to improve the system of parent-child relationship, which is the purpose and significance of this paper.This paper is divided into four parts. The first part describes the origins of the system parental responsibility system, Parental responsibility system which is originated from Roman law and Germanic law has gone from three process------"family based","pro-standard" and "child centered ". law systems is different between civil law and common law, but the ultimate goal is the gradual transformation of the parental care right system. Emphasis on children protection would be achieved by strength public authority intervention and children right.Because of the increasingly close economic and cultural exchanges international, transnational marriage and adoption increases, code assimilation requirements increase, along with the Hague convention is more accepted by the states, the organization of American States and the European Union legislation has come into force, the unification of private law norms of parental responsibility and law will be more and more recognized by the state. The second, the three part, from domestic law and international law, parents and children of coordination two aspects to carry on the transverse comparison and longitudinal study. In the field of domestic law, mainly from the parents’ responsibility for the content, namely to children’s personal rights and property rights and to limit the liability of parents. In the field of international law, is mainly introduced in the legal documents on global and regional international organizations concerning parent-child relationship and legal demonstration method, to learn the most advanced system of Parents Liability legislation.Finally, return to China, the fourth part introduces the composition of China’s parent-child relationship system, the civil law of our country have no independent Parentage Law system, only scattered in the "marriage law","general principles of civil law" and other relevant regulations, the lack of system, the content is not complete thus, infringing the interests of minor children parents events in real life, because of the lack of legal basis, minors are not well protected, comparing and studying at the same time in the national and international organization law, aware of the shortage of parent-child relationship present situation of legislation in our country, in this part of the parents’ responsibility our system of the idea and reconstruction.