Research on the Parental Right
|School||East China Jiaotong University|
|Course||Civil and Commercial Law|
|Keywords||Parent-child relationship Parental rights For the interests of minors Free Justice|
Along with the judicial practice of modern society, more and more parents abuse of minor children, Visitation Rights disputes in the divorce of her parents, the parental rights has drawn increasing attention. Rights legislation of the relevant provisions involving parental rights exists a variety of issues, such as the subject of parental rights is not indiscriminate, relevant legislation, such as the \involving aspects of property care, required changes in parental rights system is not perfect, clear provisions on parental rights after divorce. These are made the subject of rights of parental authority and respect to the body, that is, the legitimate rights and interests of their minor children of parental rights is difficult to get a reasonable, comprehensive protection. Academic issue of parental rights, the lack of in-depth, systematic study on the subject of parental rights of the non-married, gay, and special, \The full text is divided into two parts, Chapter I to Chapter IV for the first part is a separate part of the fifth chapter. The first part, the first chapter is the introduction, the second chapter to the parental rights of the \The state becomes the children's interests based on the rights of the state, in order to explore the historical development of parental rights. Chapter uphold the multi-angle, the multifaceted depth analysis of the concept of analysis of changes in the meaning of parental rights, the nature, value orientation, the main contents of its rights system. The definition of the concept of parental rights \. \duties of parental rights even to a certain extent can be attributed for the liberty of parental rights in the parents identity within the framework of the parents equal enjoyment of the right to identity. The value orientation of the parental rights should be freedom, equality, justice embodies the value. The parental rights body, including the subject of rights and respect to the body, the former generally refers to parents the identity of a natural person, the latter refers to minor children. Note the distinction between parental rights in general in power, and limited power, the disciplinary authority as limited power, and the exclusion of the name 'Right, disappearances and death announcement does not belong to the right to parental rights such as the right to apply for. Changes in the right system of parental rights is divided into four parts: the loss of parental rights, and the suspension of parental rights, the parental rights of recovery and elimination of parental rights. Chapter pro-realization of the right. Legal Analysis of a premise to prove marital status as a standard will be divided into the married persons, unmarried persons as well as the standard of sexual orientation will be divided into gay and straight times unreasonable differential treatment in law and injustice. The special main pro-realization of the right to do a study and analysis infringement on parental rights and remedies. The second part includes only the fifth chapter of the content analysis of the need to establish parental rights in China's legal system from the level of theoretical and practical significance, and put forward based on the requirements of our current problems and social development, it is necessary to establish parental rights legal system.