| This paper studies the theory of the abuse of parental rights and the legal regulation. It is hoped that it can provide a perspective for the legal regulating on parental rights in our country.This paper begins with the shrink tendency of the scope of parental rights. Accordingly, there are more and more legal regulations imposed on parental rights. Then, this article discusses the conception and the constituent elements of parental rights.After researching on the theory of parental rights, this paper makes some compare among some main countries of continental legal system. Then, this article summarizes three legal features of regulating the abuse of parental rights in these countries. Using them as a clue, we can learn some methods of regulating parental rights abuse.With the relative theory and the legislative experience of other countries researched, this paper suggests that the abuse of parental rights in our country should be regulated. Then the necessity of regulating the abuse of parental rights is discussed. And this article also analyzes the defects of our legislation in regulating parents' rights.Finally, this paper comes up with the suggesstion of regulating the abuse of parental rights in our countries. Firstly, we should establish the principles: the principle of "the best interests of child" and the principle of maintaining and promoting family. Then, this paper gives some suggesstion for legislation in our country, in purpose that the legislation can provide the minor children better protection. |
