Study On The System Of Parental Rights In China

Recently it has been seen frequently from media that many newly-born babies have been taken away mistakenly from hospitals. And the disputes about raising underage children caused by divorce have been often heard. But because there is no systematical legislation adjusting the relationships between parents and children, the concept of parental authority has not been established and we have not constructed systematical and perfect parental power iegal system it is hard for the judiciary to find direct legal basis to deal with legal cases in the field of parental power. And so the writer tries to build up systematical parental authority system and improve it in our domestic law system by drawing lessons from the methods of legal system of other countries and regions.This paper is divided into three sections: the preface, the main body and the conclusion. The preface quotes a case in order to explain that the problem about parental power does exist in the reality. And it can't be neglected. It has its own practical or immediate significance to research the problem of parental authority.The main body includes three parts: the theoretical analysis of parental authority system, the current situation and the problem of parental power in our domestic law, the explorations of improving parental authority system.Part one is about the theoretical analysis of parental power system. This part includes two aspects:The first aspect is about the concept and legal characteristics of parental authority, it reviews the history of paternity system. The paternity has a history of more than 2,000 years. It originates from two aspects: Roman law and Germanic law. Speaking of the essence of legislation, the system of parental rights has three different progressive phrases, each having its characteristic. With the development of society, the concept of parental rights has been changed. And the status of child has been changed from inequality to equality.The second aspect of this part is about the comparative studies of paternity and guardianship. There are both connections and differences between paternity and guardianship. The paper focuses on studies of their different meanings, subjects, relative subjects, content of parental power.Part two is about current situation and the problem of parental power in our domestic law. The passage cites many clauses involving in parental authority system in our domestic legal system and combines theory with practice using concrete cases, analyzes the present situation of parental power according to our current legal system. And the paragraph also analyzes the problem existing in the system itself and in the reality. It discusses the necessity of paternity legislation and the construction of paternity system on the basis of system and reality. The concept of parental authority has not been established in our present domestic legal system. So it is hard for the judges to find direct legal basis when judging. The legislation about parental authority in our domestic law system is too simple and abstract, and it is hard to be operated, and no good to protect underage children's rights.Part three is on the explorations of improving the parental authority system. The main contents are as follows: we should establish the concept of parental power, differentiate between paternity and guardianship clearly, and improve the content of the parental authority system. And the passage also discusses the breaking off, loss, resumption and perishing of paternity, and the succor to the tort to the parental authority. The writer puts forward his own views according to above-cited contents on the basis of argument and gives some advice for improving our parental authority legal system.