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Study of the Illegitimacy of the Transaction of Guardian

Author: LuoPeng
Tutor: WangJianPing
School: Sichuan University
Course: Legal
Keywords: Guardianship Parental rights Guardian trading behavior Tort Liability
CLC: D923
Type: Master's thesis
Year: 2004
Downloads: 77
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Abstract

The point of view of from the guardian trading behavior case empirical analysis of Chinese and foreign legal comparative analysis method to study the parental rights and guardianship system. Advocates revising and improving our parental rights and guardianship system, to develop \The thesis is divided into six chapters. The first chapter of guardianship and guardianship duties, the theoretical starting point of the paper. Organize the basic concepts related to parental rights and guardianship system, focusing on the relationship of guardianship and parental rights, the duty of guardianship and custody of the spirit of the legislation. -Based stressed guardianship legislation to be guardians of the interests of. Chapter II study the guardian trading behavior. Start from the concept of the \the interests of illegal activities. This chapter and the first chapter is the theoretical basis of the thesis. Third, four, five chapters mainly to continuous rape sex case, for example, were analyzed guardian trading behavior of the program against the law, civil law and criminal illegality. The program the illegality performance in guardian of civil rights of appeal sanctions illegal, and hinder indictable right and waiver of the right to appeal on the self-Illegality both. Guardian Lee Father for the civil right to appeal the sanction, neither he alleged destruction and falsification of evidence, in violation of the legal restrictions on the right to dispose ward fight for adequate compensation. The guardian parent Li destruction, the behavior of falsifying evidence in a certain extent, prevent the exercise of the Right of Public Prosecution: the case converted to a case of private prosecution, Father Lee brought a private prosecution for interest in Lee should not do so, the same violation of the law on the right to dispose of limit. Civil law, the authors analyzed the lack of moral damage compensation system, pointed out that the victimized young girls a continuous statutory rape case Lee virginity rights are infringed, the right to file an incidental civil action, requires mental damages. The right to appeal in accordance with the law should be exercised by the guardian, the guardian is not exercised and illegal disposition is a tort. INFRINGEMENT performance so Lee guardian trading behavior loss can have more than 30,000 yuan in compensation, and also Lee by the damage to the interests of personality and acceptance of pure education and guardianship rights damage. Criminal illegality of criminal law to regulate the competing issues and guardian trading behavior. For the latter, the author discusses the subjective condition of the guardian parent conform Lee lawsuit agents to destroy or forge evidence \Conflict because this reality in accordance with the principle of identity privilege, private rights priority principle and Lee parent does not need to testify in court in the indictment, the parent in the act as an agent of the public prosecution witnesses identity and legal proceedings incidental case of People v. Lee, should act as the legal proceedings agent. Many cases, both reflect the many problems existing in China's guardianship system, but also contains the solution to these problems. Chapter VI of the legal regulation of the the guardian trading behavior. Authors advocate first investigated for civil liability, criminal liability, administrative liability and solve guardian trading behavior cases. Particularly pointed out that the: guardians transaction behavior infringe the guardian of civil rights and interests should be supervised by the Guardianship people bring a civil action on behalf of, or extend the limitation only bring a civil action by a guardian adult. Guardians trading behavior of both violations of a guardian of civil rights and interests, and constitutes a crime, shall alter the guardianship by new guardians bring a civil action on behalf of. To fundamentally curb, guard against the guardians trading behavior phenomenon, the authors advocate develop \The three aspects of a normative legal documents concentrated provisions into the details of the reasons. For this reason, the authors of our law on parental rights and guardianship, the content and structure of the Review of the regulations made system, and ((parental rights and guardianship law \Behavioral liability

Study of the Illegitimacy of the Transaction of Guardian

Abstract

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