Research On Construction Of Chinese Paternity System

In recent years, the phenomenon of minors’ rights are violated in the society appeared more and more often, such as suffering abuse, abandoned by parents, raising issues after divorced and so on. Therefore, the protection of minors’rights and interests aroused people’s concern increasingly. And in our country, although substantive laws and regulations of protection about the interests of the minor children, but they did not explicit the concept of parental right, there are no exact regulations to adjust parent-child relationship, no professional, perfect and unified parental right system. So, on the adjustment of the relationship between the personal and property issues, the existing laws and regulations is somewhat weak. Therefore, to protect the interests of the minors and build the parental right system in our country is urgently needed.At present, there are two legislative modes exists in the world to regulate the personal and property relationship between parents and minors:one is the guardianship system under the Anglo-American law system, the other is a the parental right under the civil law system. Our country belongs to civil law system country, but our country carries out the guardianship system in our country’s civil law. From the outside, the tone of the legislation in our country is not consistent, it’s a kind of unscientific; From the internal, the dislocation is unfavorable to adjust the parenthood and protect the interests of minors. Based on the comparison of the two system, then it can analysis advantages and disadvantages to the guarantee the rights and interests of minors; At the same time, summarized the necessity of constructing the the parental right system in our country, and our country has already gained the legislation and practice basis, thus more certain to build the the parental right system in our country. Through concretely introduce the specific law which used in the two law system countries in protecting the interests of the minors and the basic situations, there are some enlightenment to our national legislation model; In the end, forming the construction of specific legislative ideas of the parental right system in our country; Directly adopted the parental right conception, and distinguish the system of parent’s right and guardianship, enrich the specific content of the parental right system, finally complete and clear the changing of the parental right system.