Font Size: a A A

Property Protection Of Minor Children In Guardianship Relations

Posted on:2021-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X D PanFull Text:PDF
GTID:2416330647453707Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development and progress of society,as a large,special and complex vulnerable group,the protection of minors' rights and interests has been paid more and more attention.Especially the property rights of minors have gone through the process from being ignored to special protection.Nowadays,the legal protection of minors' property is becoming more and more perfect in the world.However,in China,in terms of legislation,at present,the relevant legislation on the protection of minors' property has not formed a perfect system,lacks coordination and operability,does not have a strong role in guiding and regulating social subjects,and fails to fully meet the needs of trial practice.At the same time,the protection of minors' property in China is also facing the increasing demand for property protection and the influence of traditional ideas.Various reasons lead to the phenomenon of infringing the property rights and interests of minors in real life.The author believes that it is urgent to strengthen the property protection of minor children.In addition to the general protection,we should pay attention to the complexity and concealment of the property protection of the minor children in the custody relationship.This paper focuses on the property protection of minor children in the custody of parents,conforms to the international trend of protecting the property rights of minors,establishes the legislative concept of maximizing the interests of minors,and tries to build a complete property protection system of minor children in the custody relationship in combination with the parental system.This paper consists of three parts,including introduction,text and conclusion.The text is composed of three parts.Its writing structure is mainly from the logic of putting forward problems,analyzing problems to finally solving problems.The three parts complement each other and form a complete structure.Specifically,the three parts of the text are as follows:The first part is an overview of the property protection system for minor children.The patriarchal system in ancient China did not recognize the property rights of the minor children,let alone the protection of the property of the minor children.With the emergence of new social structure and the change of ideas,China has gradually established a modern guardianship system that focuses on protecting the personality and property rights and interests of minor children.But our country has only made some provisions on this issue in legislation,and has not yet formed a relatively systematic and complete legal system,so that in practice there is a vacuum zone for the protection of the property of minor children.In this part,the author combines the judicial cases and theories to reveal the current lack of legislation and practical problems faced in the judicial practice from the three stages of the existence period of the parents' marriage,divorce and after divorce,so as to elaborate and analyze the property protection of the minor children and provide problem guidance for the follow-up part.The second part mainly studies the principles followed by the property protection of minor children.The principle of the best interests of children,as a programmatic provision to solve the conflict between the protection of children's rights and interests and the protection of other rights and interests,plays an important role in the protection of minors' property.On the basis of drawing lessons from foreign legislations,the author studies the substantial connotation and judgment standard in line with the principle of the best interests of children in China.The author analyzes the application of the principle of the best interests of children in the property protection system of our country's minor children,and puts forward that the principle of the best interests of children should be limited by the parental system.In the third part,according to the current situation and problems of the property protection of the minor children in the guardianship relationship in our country,the author puts forward solutions,which are guided by the principle of the best interests of the children,restricted by the parental system,distinguish parental power and guardianship,and construct a perfect property protection system for the minor children.
Keywords/Search Tags:Minor Children, Minor Children's Property, Children's Best Interests, Parental Rights
PDF Full Text Request
Related items