Comparative Study Of Minor Custody

Minor Custody is a civil legal system which the guardians have duty to protect the Minors,support them and manage their interests of property. In the construction of the modern legal system, China accepted the concept of Minor Custody from the Western Country. In the legislative idea, legislative style and system design,however,the Minor Custody of China significantly fall behind the trend of the World, and is not fit to the national condition and social reality. Since it leads to a series of legal and social issues,the Minor custody of China has been given considerable attention by the public and studied by more and more legal scholars. This Paper will mainly discuss on origin, concept and status of the Minor Custody of China, compare China with other countries in the area of Minor Custody,and make suggestions for restructuring the Minor Custody of China.This Paper is divided into five parts:The introduction discusses the research background,research purpose,research method and research significance. Chapter One,Minor Custody and the Delimitation Thereof,mainly summarizes the system of Minor Custody,firstly seek the origin thereof of Minor Custody,define the concept of Minor Custody,then analyses the history and development of Minor Custody in China,finally discusses the relationship between Minor Custody with Parental Power. Chapter Two,Comparative Study of Minor Custody,take a comparative study in the four aspects of Minor Custody among the representative systems of the world. Chapter Three,Comment on the Minor Custody of China,firstly discusses the status of the Minor Custody of China to affirm its achievement,and introduce the use thereof in the Minor Custody of China,then analyses the shortage of the Minor Custody of China in three aspects-- legislative idea, legislative style and system design. Chapter Four, Consideration on the Restructuring of Minor Custody of China,starts from the present situation of the Minor Custody of China,makes suggestions on the Restructuring of the Minor Custody of China in three aspects-- legislative idea, legislative style and system design for the purpose of improving the legal system of China and protecting the rights and interests of the Minors.