Research On The Classification System Of Minor Property Classification

Minors are a special kind of groups in society,they are restricted by age and spiritual intelligence,considered to be without or with limited capacity for civil conduct.But its ability to enjoy the property shall not be restricted by any form and condition,its ability to enjoy the property should be adult.Though they live in a close family ethics related groups-in the family.Their property scope,also because of “a glorious all glory,broken" organization is limited.But the scope of property is still a minor's own is given priority to,the second is Shared with parents,and there are conditions should also be subject to the conditions of different conditions,and the ultimate ownership still raw minors shall belong to all people.Our country is not directly from that stipulated in the law regulation,which property belong to the minors,the property does not belong to minors,only in the whole legal system,probably infer several co.,LTD.But this is far cannot satisfy the complicated social reality,and not to solve the related legal disputes,to provide decision basis.So we must work out,in order to protect the minors and family harmony,according to the laws in order to realize the full legal norms of the laws.Therefore this article mainly from the following several parts in this paper,the scope of the property of the minors.This paper mainly divided into the following five parts,separately from the view of different minors should enjoy the scope of the property.The first part,this paper introduces the definition of property,the family property related to the classification and development history of minors' property.From the point of view of western compared,compare different historical background,the evolution of the family property,it will develop and breed different property protection of minors.The second part,starting from the reality of our country,analysis on the property model legislation at present and what're the insufficient property protection of minors,what is the background and history of the environment,while in temporary social practice at the time,but with the change of The Times,the need of our laws must conform to the reality,to solve practical problems,will have to establish a new comprehensive regulation,the author in combing the current situation of property scope and guarantee,analysis of existing problems,and need to improve.The third part,mainly introduced the current outside law,in particular mainland legal system country for minors to define the scope of property,and put forward to protect minors property system,emphasis is put forward by our country Taiwan area,the French civil code specified in the property classification.About the property of minors scoping for special property and unique property outside the property,and other special kind of property type.Classification of property is to how to protect the interests of the minors' legal property and the prevailing regulations.Some of extraterritorial law specifies how to better protect the legitimate rights and interests of minors,have set up family court,national supervision and consortium,with custody system to limit,such as the property of the all-round protection for minors.From the perspective of comparative law,under the background of different laws.Standing in the actual situation in our country,explore the valuable rules and legal theory is worthy of reference for the Chinese mainland.In order to better build and perfect the protection system of our country's minor property.The fourth part,from the perspective of building our country's legislation thinking,the property of minors is problem,if can't come up with a better way to resolve the practical problems,to replace the past imperfect rules,then this article will become meaningless.So this article from the history,culture,economy,law and so on the view of different point of view in this paper.Adult minors enjoy property ability,particular in the family background,to maintain the harmony of family ethics and family,under the specific circumstances,specific time transference of the property to his parents,if the end of a specific time,minors' property and according to its property into the property or property of fruits,should be returned to the original owners-all minors.Not only protect the minors,and at the same time maintaining the order of the family.In custody,must limit the guardian rights,this article proposed some relevant system,the first is based on the classification of minors' property,the guardian power is different for different property,the other to set up a meeting relatives and family court system,and supervision to the behavior of the guardian or other consortium,really realize the protection of minors in our country marriage law legal interests,protect the legitimate rights and interests of the weak.The fifth part is the conclusion of this article.Again to summarize this article's point of view,as the article ending.