The Research Of Minors’ Property Protection

The living, protection and growth of minors has become the global trend of the times.Protecting minors’ property rights has become an inevitable trend of legislation. In this paper,on the basis of the regulation of minors’ property, by comparing the legislation abroad withcurrent situation of minors’ property regulation home, which provide a reference for theestablishment and improvement of minors’ property regulation institution, so as to promoteminors’ property protection in China.In addition to the introduction and conclusion, this paper consists of four parts.Part I: Basic issues. This part mainly consists of three aspects. First, the definition inscope of the minors’ property. Clear property scope is prerequisite to minors’ property. Thispaper compares the range of minors’ property in legislation home and abroad to find theadvantages and solutions on China’s legislation. Second, functions of minors’ propertyregulation. This article describes the five aspects of its functions, including the connectionbetween the capacity for civil rights and capacity for civil conduct, the maintenance ofmarket order, the protection against invading disadvantaged minorities’ rights, the nurture ofdelicate children and the confirmations at family ethic. Third, the necessity and feasibility ofconstructing minors’ property regulation institution. This paper describes the significance ofconstructing minors’ property regulation institution by the method of elaborating onnecessity and feasibility in detail.Part II: Analysis of legislation abroad. This part mainly consists of two aspects. First,legal rules in other countries, which were written in the German Civil Code, the French CivilCode, the Japan’s Civil Code and the Macau’s Civil Code, are used to illustrate minors’property regulation institution abroad. Second, finding out the difference on minors’ propertyregulation between home and abroad, in order to provide instances of legislation for Chineselegislation.Part III: Analysis of Status in China. This part mainly consists of two aspects. First,explain Chinese current legislation on minors’ property regulation before analyze thedisadvantages of it. Second, analyze Chinese judicial practice on minors’ property regulationby comparing with its major advantages and disadvantages. Part IV: Improvement of the minors’ property regulation institution. Some suggestionshas been proposed on minors’ property regulation of China, which include making definitescope of the minors’ property, working out specific measures on guardians’ designation,illustrating guardians’ right and duty and strengthening the administrative and socialsupervision.