A Study On The Right Of The Status Of Relatives Of China

In recent years, with the rapid social and economic development, it can not meetpeople’s needs emphasizing the freedom of contract simply. Freedom of contract isthe form of justice, the premise that it proposed ignores the different identity ofpeople in the relationship and the default for all people are equal, but in fact it doesnot meet the needs of substantial justice. In real life, people need to be adjusted to"relationship status" in order to balance the freedom of contract in the presence ofdefects, so the study of the right of the status of relatives get more and more concernand attention in the law academic area. The right of the status of relatives is the mostbasic and important content of identity relationship. As we all know, both ancient andmodern, family relationships are the birthright of identity that everyone can enjoy. Itwas born as human nature to enjoy, rather than being given posterioritily. It is thebasis and prerequisite for human to survive in the community, anyone leavingrelatives are unable to grow up. Therefore, the right of the status of relatives havealways been an immeasurable important role. And unfortunately, studies on the rightof the status of relatives did not attract enough attention of academia. At present, thereis little research on the right of the status of relatives, as a result, no completetheoretical system and the right of the status of relatives specialist legal system hasbeen formed so far. This is very unfavorable for the legal protection of the right of thestatus of relatives and the resolving of disputes among the many areas of justice. Italso highlights the awkward predicament of unconscionability due to lack of theory.Therefore, the research on the right of the status of relatives is a problem needed to beresolved urgently.The paper give an argument on this issue using comparative analysis method,historical analysis method and value analysis method. With a view to providetheoretical support for the future legislation on relatives identity rights, to promote therealization of individual rights, to safeguard the rights and interests among familymembers, to protect family interests and to promote social harmony. This paper is divided into four parts:The first part studied the nature, characteristics and other aspects of the right ofthe status of relatives and determined the concept of the right to the relatives ofidentity, which makes the basic theoretical premise of argumentation. The second partcombed the history, domestic and foreign of the right of the status of relatives,explored the theoretical origins and nature of change of the right of the status ofrelatives, made it clear that the right of the status of relatives now is neither theprivilege to family or absolute control over right or confined concrete personality ofrelatives, nor the family rights, patriarchy, patriarchalism in China feudal society. Theright to relatives identity is rights and obligations of equality and freedom based onthe fact of the identity of the relationship between relatives. The third partdemonstrated the relative status of the legal protection of the right and explored theexisting legal regime for the right. The paper made a lot of rights and obligations ofthe contemporary relationship between kinship identity clear, which is stipulated inconstitution and various legal departments. The civil, criminal and administrative lawalso protected them in different ways. The fourth part made reflection and remodelingof the legislation and protection practice of the right in contemporary China. Theauthor analyzed the defects and deficiencies of the right of the status of relatives andproposed some solutions. In short, the author thinks, it should be in compliance withthe principle of maximizing the interests of relative status and safeguard and promotefamily harmony, respect traditional customs and moral values, innovate in thelegislative idea, at the same time, in order to complete with formulation of the right ofthe status of relatives in our country, we should learn from foreign legislationexperience, learn the advanced legislative technology and adopt the legislative modeand system science.