A Sudy On The System Of Parental Decision On Minor Children's Residence

The draft of the Marriage and Family Code of the Civil Code is in full swing,and several well-known scholars in the country have called for the introduction of a parental care system(also known as the parental care system)that includes parents' right to determine the residence of minor children.The existing domestic literature stays on the macro-structure of the parental care system,and rarely explores its specific content.Regarding parents' right to determine the residence of a minor child,China's existing legislative provisions are scattered in the custody and other systems,and there is no corresponding systemic provisions.Existing legislation is far from enough to protect the rights and interests of minor children and adjust parent-child relationships.The status quo of China's existing legislation reflects the seriousness of parental standards,lack of distinction between guardianship and parental care,and lack of systemic regulations.The current judicial situation in China reflects the inconsistent determination of the nature of cases of child grabbing,lack of substantive law basis for children's returning and reasonable remedies for violations of parental rights.Parents or other relatives forcibly take their children away from their original place of life,hide their children,or prevent each other visiting children,have violated the right of parents to determine the residence of minor children to varying degrees.Regarding parents' right to determine the residence of minor children,China's legislation lacks systemic regulations,and courts often take different approaches in judicial practice.This article adopts literature research method,case study method and other methods to analyze the legislation,judicial status quo and existing problems of parents' right to determine the residence of minor children in China.This paper will give some suggestions to improve the right of parents of our country to determine the residence of minor children.With a view to further improving our civil law system and the parent-child relationship in the marriage law,it will provide the basis of substantive law for the trial of difficult and complicated cases involving parents and children in judicial practice.The legislative gap in child relations and helping to solve difficult problems in judicial practice are of greatsignificance.On the one hand,it can provide strong protection for the legitimate interests of minor children;on the other hand,it can help promote social harmony.Improvement of the relevant legislation of parents' right to determine the residence of minor children,will provide the basis for a right of claim for a parent who enjoys the right of direct custody after divorce when his rights are violated.