Study On Legal Issues Of Parental Mortgage Of Minor Children’s Property

Nowadays,with the rapid economic development,the economic income such as gifts,awards and labor income of minor children is increasing,but the property of minor children is mostly kept by their parents,so there are a large number of cases in which parents mortgage the property of minor children.Moreover,in practice,there is judicial chaos,and a large number of cases are the same and different,which can not achieve a good protection of juvenile property.This article carries on the elaboration around four parts.The first is a brief introduction of the relevant cases in the judicial practice circle.Through the introduction,it is found that there are a large number of problems of different sentences in the same case in the judicial practice,and then it is integrated,and then it summarizes three key points of dispute.Secondly,the second chapter analyzes and summarizes the value of different conclusions and viewpoints of judgments in judicial practice,puts forward the existence of "valid position","invalid position" and "validity pending position" in the judicial circle,and gives the corresponding reasons for the judgment,and then puts forward further questions.Analyze the reasons at the same time,but also to further analyze the focus of the dispute,analysis of the cause of the problem,the judicial practice of the minor children’s interests and the definition of minor children’s property there are differences,directly affect the protection of the minor children’s interests and the value of economic security measurement.Finally,through the analysis of the nature of mortgage behavior,there are two kinds of nature of mortgage behavior in judicial practice,one is the right to agency,the other is the right to dispose,so as to clarify the real nature of mortgage behavior.Through the analysis of this behavior,the author clearly puts forward his point of view,and provides theoretical guidance for the practical circles.In chapter four,the author further explains that commercial subjects should bear more duty of care and burden of proof through analyzing the way of bearing the burden of proof,so as to contribute to the protection of minor children.At the same time,the author put forward his own suggestions and views on the establishment of the system,through the establishment of the system,the formation of risk avoidance,promote a virtuous circle of economic society.Sort out minor children properties to the parents to set up the mortgage should be the focus of attention in the problem,by theoretical analysis,to measure the interests of the minor children to define standards,summarizes the effectiveness of mortgage behavior in the present judicial judgment of the types and reasons of and reflection on its advantages and disadvantages,so the economic benefit,social benefit and the tradeoff between the interests of the minor children,find the right way to solve.