The Research Of Minors Property Protection System

The history of the development of human civilization is the history of progress in which rights have become more and more important.Minors can never obtain property and gradually enjoy the rights and interests of property,indicating that all countries in the world pay more attention to minors’ property protection.For minors,it does not have the capacity for complete civil conduct like an adult to perform civil activities independently.Because of this,minors’ property rights need special protection through the law.Compared with the legislation of developed countries in Europe and America,China’s legislation is not perfect and there are many deficiencies in the protection of minors’ assets.Therefore,it is particularly important to speed up the legal protection of the property of minors.In addition to the introduction,this article contains four parts:The first part is an outline of the minors’ property protection.Definition of the meaning of minor property protection refers to natural persons,legal persons,and unincorporated organizations that assume statutory duties and perform all activities for the purpose of realizing the value preservation and value-added of the property of minors,and the use value and exchange value of their property.The general term for the guardianship system.The theoretical basis for the protection of the property of minors was deduced from the principle of the best interests of minors,the legitimacy of the protection of minors’ property by civil law and the theory of the country’s parental rights.Through the inspection of the minor’s own particularity,the legislative intent to protect the assets of minors,and the cases of infringement of his property rights in practice,the objective reality basis for the protection of minors’ property is obtained.The second part examines the legislation of the major countries in the civil law system and the Anglo-American law system concerning property protection for minors.Through the comparison of the legislative system in the legislative provisions of different countries,the comparison of the rights and responsibilities between parents and guardians,the comparison of the rights and responsibilities between the third person and the state as the public authority to protect the property rights of the minors,and to further improve the use of the stone from other hills.Our country has established a legislative system for the protection of minors’ property,and has established a social awareness of respecting and protecting the property of minors.The third part analyzes the current situation and problems of juvenile property protection in China’s legislation.At present,the protection of minors’ property rights in China still has undifferentiated rights and responsibilities of the parents and other guardians,lack of proper duties and responsibilities for the guardian to protect the rights of minors,lack of a sound and effective public power supervision agency,and the current legal system.Scattered and other issues.As a result,it is difficult to accurately apply the legislative provisions in judicial practice.Therefore,it is necessary to improve legislation and enhance the applicability of the law.The fourth part explores how to improve the system of property protection for minors in China.In light of the existing weaknesses in the property protection of juveniles in the current legislation,a solution is proposed in a targeted way by referring to the extraterritorial legislative experience,that is,the principle of the best interests of minors,the principle of respecting the will of minors,and the protection of the independent property of juveniles should be adopted.The principle is to guide the construction of a property protection system for juveniles that distinguishes the rights and responsibilities of parents from other guardians,guardians and supervisors,and guardian supervision agencies.