Study On The Legal System Of Parental Rights

In recent years,minor rights and interests infringed event has occurred,and which came from within the family more,some of the children and their parents for a long time separation,the lack of family care and effective monitoring,while others suffer from parents of unlawful infringement,minor children’s body and mind are caused by the great damage to,mental health problems and even extreme behavior. In addition, divorce,remarriage,nonmarital birth situation also created a parent-child relationship between the complexity of the situation,and the existing legal system can not effectively solve this contradiction,establish a complete system of parental power system is imperative under the situation.Today, parental authoritarian domination of the contents have been abandoned,paternity have evolved into designed for protection of minor children’s interests and design of the system. Modern paternity system to protect the parenting minor children for the content is not only parents to enjoy the rights,and it is the parents of minor children can not shirk its obligations to protect underage children’s interests and the spirit of the legislation has infiltrated into the specific system of parental rights law in many countries.Through the paternity system on the basis of theoretical analysis and a review of the history of, drawing on the relevant provisions of some other countries and regions of paternity, and then analyses the problems of parental rights in reality, intentions in reference to the basis of the laws of his country,based on the law of our country has some of the provisions of, the problems existing in the system of parental power in China analysis,further to explore the establishment of paternity system of system of our country.The article is divided into five parts, the first part is the introduction,set out to build realistic background and significance of parental power system, analyzes the foreign and domestic research status quo of parental power system,and the article,the research method and research difficulties and innovations.The second part mainly introduces the basic theory of parental power system. To the connotation of the consortium, legal characteristics as a starting point, analyses the differences and similarities between the parental right and custody,and combining the development history of parent-child relationship in our country,the purpose of forming a consortium and value.The third part is the introduction and the analysis of the continental law system and Anglo-American law system countries about consortium of relevant legal system,summarizes the legislation of continental law system and Anglo-American law systemcountries characteristics,through the comparison and analysis,combined with China’s national conditions,thus to build the reference meaning of parental right system in China.The fourth part is mainly about the problem of the parental right protection in China,points out that the current regulations on parent-child relationship between the legal flaws,and then points out the necessity of establishing our parental power system,beneficial to fill the shortage of the guardianship system and meet the objective requirement of complex parent-child relationship in today’s society.The fifth part is proposed legislative idea of parental right system in China. Based on the existing in our country’s reality,on the basis of the system of draw lessons from foreign consortium,the paper mainly discusses the main body to establish the basic principles of consortium,the consortium with four aspects: content,changes in the consortium,and consortium supervision content,to better safeguard the development of minor children.