| Parent-child relationship is the relationship between parents and children,parent-child relationship is different from the relationship between husband and wife,it is a direct relationship between blood relatives,which is born by the fact that the child's blood relationship.Parental rights began at the period of the Roman family law,experienced thousands of years of evolution,has formed a set of modern law ideas,systematic rigorous rules of the system,most civil law countries use this system.From the perspective of the legislative thinking of our country's civil law,the tradition of inheriting the legal system of civil law countries is formed.However,from the present situation of legislation in our country,the provisions on parental rights are different from those of civil law countries.China's current civil law system,did not use the name of the "parental rights",adhere to a unified guardianship system,but there are some substantial provisions of parental rights spreading in the "General Principles of Civil Law of the People 's Republic of China","Marriage Law of the People's Republic of China" and the "General Rules of the Civil Law of the People's Republic of China" which is just adopted,it objectively recognizes the difference between parents' rights and guardianship of minors,which together with the relevant judicial interpretations constitute the legislative basis for the parental rights system' establishment in our country.Distinguishing two legal systems of parental rights and guardianship system,placing the parental rights system in parallel with the guardianship system into the civil code,giving sufficient attention to the parental rights system,refining the contents of the parental rights system,it can better protect the interests of minors,fully embody the original intention of the guardianship system,at the same time improve the socialist legal system with Chinese characteristics,deal with the relationship between parents and children better. |
PDF Full Text Request