The Exploration Of The Minors’ Property Management System In China

In this paper, first of all, from the basic concept of correlation, through introducing the concept of guardianship and parental power system, and distinguishing these concepts, it comes to a conclusion that the property management is different in the guardianship and under a consortium of minors. It introduces the concept of management and other related management system in the civil law.Second, based on today’s property management system involving minors in our country’s law, this paper analyzes its insufficiency, laying a foundation for perfecting the provisions of the legislation.Then, through the method of comparative study, it analyzes the property management involving minors outside the legal system, and introduces legal system of the minor’s property management legislation that is beneficial to the minors and suitable for China’s national conditions.Finally, it further studies the minor’s property management system, and puts forward some corresponding perfection suggestion and explains the minor property management system and its necessity, basic principles, scope of subject, property, rights and obligations, responsibility relief as well as the establishment of a wide range of supervision mode. Among them, "the best interests of children priority principle", the core of the establishment of the basic principles, the main body is divided into natural persons, legal persons and other organizations. The most important is to adopt the responsibility and supervision model centering on the right of supervision, use, usufruct and disposition, which aims to take the responsibility of the general relief patterns, such as the obligatory relief model built from the perspective of family law and tort law, and the supervision mode can be divided into the national and social model and so on.