Research On Parents' Improper Disposal Of Minor Children's Property

Property right is the basis and basis for minors to realize their rights.Protecting the property rights and interests of minors has always been a very concerned issue in civil law.In recent years,with the increasing number of cases of parents improperly disposing of the property of minor children,the public began to realize that to protect the property rights and interests of minors,we should not only avoid the infringement from the outside world,but also from within the family.Firstly,this article obtains from the judicial practice,by using data analysis undeserved punishment to parents of minor children property case judicial judicial documents,statistics and analysis in order to form the empirical material found suitable for the interests of minors and undeserved punishment from objective results concluded that parents minor children property has been stretched,parents think positive construction undeserved punishment the components of the minor children property is very necessary.Secondly,the problem of improper disposal of minor children's property by their parents is analyzed theoretically.First,this paper analyzes the core part of the constitutive requirements for the recognition standard of improper disposition,specifically studies the subjective requirements--serious violation of parents' duty of care and objective requirements to minor children--causing major losses to minor children,and discusses the exemption reasons for parents to dispose of minor children's property.Secondly,some typical cases of improper disposal of minor children's property by their parents are selected and analyzed one by one according to the summarized standards,and the disputes are explained.Thirdly,it summarizes the principles that should be followed when parents improperly dispose of their children's property,including the principle of children's best interests,the principle of interestbalance between parents and children,and the principle of specific grasp of subjective and objective interests.Finally,aiming at solving the problem of improper parents punish children property,from clear improperly disposes the constitutive requirements of minor children property,the definition of the property of minor children,the parents to limit the disposition,the national public power relief from four aspects,combined with outside experience put forward their own opinions and ideas,in order to parents undeserved punishment children property problem can be properly solved,the property rights can be complete protection of minors.