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The exercise of parental rights

Author: ZhaoLin
Tutor: LeiMingGuang
School: Central University for Nationalities
Course: Legal
Keywords: parental authority exercise of parental authority children’s Interests
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 71
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Abstract

Parental authority is the core of the legal system which deals with relationships between parents and children in the countries of continental law, in fact, there aren’t any systematical regulations on parental authority in the law of our country, but there are some contents about parental authority. Parental authority is the exclusive legal right given to parents to discipline and protect their children regarding their person and property, in order to assure that the parents can discipline and protect their children effectively. Parental authority and guardianship are two different kinds of systems. Guardianship is regarded as the complement of parental authority. Our country should learn from legislation experiences of different countries and combine the actual particular situations of our country to set up parental authority system, and make detail rules on how to work out parental authority.This paper is mainly aiming at studying the parental authority, and then the author tries to construct system of parental authority of our country by means of comparative study and combine with the problems which exist in the legal system of parent-child relationship, put forward the proposals on how to establish parental authority, system and discuss in detail on how to enforce parental authority, hoping to give detailed suggestions on working out parental authority. This paper is divided into three sections, foreword, main body and conclusion. The main body includes three parts.Part one is about general illustration of parental authority and the exercise of parental authority. Retrospecting the historical origin of parental authority, exemplified the main ideas on parental authority, put forward the concept and features of parental authority. By comparing the system of guardianship to parental authority, the paper proposes the needs to set up the system of parental authority in China, and discusses the exercise of parental authority means how much to the parental authority system.Part Two illustrates establishment the exercise of parental authority.In this part, firstly put forward some problems which exist,such as there are many provisions about system of parental authority’s protection and education for children in our civil legal regulations, but so many drawbacks still exist, which are manifested on unclear concept, the contents are too simple, too principled and abstract, lacking of operation-ability, which results that law is difficult to be applied in practice. Then three principles, the exercise of parental authority subject and the object are told, the changing system is constructed. A separate section is listed for the situation when the marriage is dissolved to explain how to practice parental authority on this special circumstance. Part three manifests the concept of the protection of parental authority practice and parental authority supervision system. The content of parental authority in our legislation should be improved according to modern society an. Manifests the guarantee system of parental authority consisting the terms of obligation, at the mean time,proposes the ways which violates the responsibilities that one should burden. To ensure the exercise of parental authority come to the purpose of parental authority, learn from the ways of implementation of other systems; suggest that the exercise of parental authority shall establish a supervision system.This paper mainly uses the historical and comparative law and legal methods to study the concrete exercise of parental authority, use relevant cases, and on the basis of the actual situation in China, put forward a system of ideas on the exercise of parental authority, put forward the legal solutions to existing problems, hoping to make an contribution on complete the construction of China’s legal system.

The exercise of parental rights

Abstract

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