A Study Of The Civil Equity Protection Of A Minor

The protection of a minor, in fact, means the all equity protection of a minor. The family must bear the first and special responsibility of the civil equity protection. In this paper, from the view of the family protect of a minor, the author introduces the obligatory rights of the family protect of the civil right of a minor and analyses the present situation of the civil equity protection institution of a minor in China. The author also points out the defect the civil equity protection institution of a minor and makes the recommendation about improving the civil equity protection institution of a minor. The paper includes the three chapters:Chapter one introduces the legal meaning of the civil equity of a minor. The author thinks that to stress and confirm the independent civil main body of a minor in his family and society will be advantageous to the formation of respecting the minor personality and dignity and keeping the legal spirit of the standard of right in our mind. The current laws define the right and obligation of an adult to a minor to embody the protection of the civil right of a minor. The author introduces and puts in order all the rights of a minor in family from the angle of the civil main body of a minor through the foreign legislative compassion on the basis of the reality in China.Chapter two analyses the current situation of the civil equity protection institution of a minor in China. The civil equity protection institution of a minor in China is the plural system including special law and regulation and non-special law and regulation under the under of constitution. Although there are many laws and regulations about the civil equity protection institution of a minor, from the legislation in many countries, the most important law basis is the civil code. Because the civil code in China is not made out, the content of the civil equity protection of a minor is in a few civil laws and appears non-system and non-wholly. In China, the institution of the civil equity protection of a minor is disadvantageous to legislative idea, legislative thought and operation. The author discusses the above problems and analyses the causes.Chapter three puts forward the recommend of improving the civil equity protection institution of a minor. Refer to the civil equity protection institution of a minor, many scholars in law have raised a few theories, ideas and recommends, but they put emphasis on the system construction of concrete problems. In this paper, the author studies focally the macro basis definition of legislation reform in the family protection of the civil right of a minor and the related systems. The author thinks that the protection of the civil right of a minor is not only dependent on the complete law, but also the social care and identification of the protection of the civil right of a minor. So, we only make the definition of the civil main body of a minor in wholly society and the construction of care surrounding to a minor, we could strengthen the consciousness of the wholly society protection civil right of a minor in order to safeguard the equity realization of a minor.