Essay On The Improvement Of Minors Property Protection System

With the economic and social development, the means minors obtain property and its number and value increase rapidly, therefore the protection of property rights and interests of minors also becomes an increasingly severe problem. However, China's current law on the protection of minor property is fragmented and does not form a system. Thus it is particularly important to define the scope of the minor property and to improve the protection of property rights and interests of minors and other issues about the system. This article intends to use four parts (except for the introduction and conclusion) to give a systematic exposition of this issue.The first part is about re-interpretation of the "concept of property" and the right. Through the comparison of the origin and development of Western concepts of property, it becomes easier to deepen our understanding of the concept of property, and provide theoretical support on how to divide the types of property. Properties can be divided into two types of tangible property and intangible property according to its material property. Tangible property extension is not limited to physical things, such as the rights of securities could have been invisible, but in certain circumstances can be transformed into tangible property. Types of intangible property are increasingly expanding associated with the network's popularity and the knowledge economy growing. Rights are the natural barriers and legal means of the acquisition of property. Property rights given to minors are the embodiment of the principle of equality before the Civil Law.The second part is about the property protection of minors Comparative Law. The world's two most influential genealogies of laws are continental legal system and Anglo-American Legal System. Civil law in Germany, "German Civil Code" chapter in the relatives use "the right of parents to take care of" instead of parental rights, and set the guardianship, curatorship and other systems to protect property interests of minors. Also China's Taiwan, Japan follow Germany's practice, and set the system based on the actual situation to maintain parental authority and guardianship of minors'property interests. Anglo-American Legal System adopts the guardianship system to protect the rights of minor children. Britain mainly uses case law and enactment in the form of a single law to protect the interests of minors. Also recognize and learn from some of the provisions of international law. The United States also has similar provisions. The author compares these two legal systems of the major national legislation and draws empirical conclusions, which provides a valuable experience for our construction of minor's property protection system.The third part is about the conservation status of minors in the assessment of property. Our Constitution makes principle protection on minors. China's "Civil Code" is set in a large care system, while in the "Marriage Law", "Protection of Minors Act," "Inheritance" series of a single law minors personal and property rights are provided. By the author's study of Property Protection of Minors Legislation flaws are found: First, the legislative shortcomings--there is no unified legal system about our property rights protection of minors. "Civil Law" provisions of the guardianship system is over principle and general, not conducive to operation in the judicial practice; second, subject to the Confucian influence and dominated by the patriarchal family model of the binding mode, whether a minor to own property and have a right to property has not been paid enough attention. The author provides the conditions for the improvement of minor property protection system through research and analysis on the status quo.The fourth part is about how to improve our system of property protection of minors. Author will understand the advantages and disadvantages between the two systems by investigating the origin of parental authority and guardianship, the difference between parental rights and guardianship system. In the legislative we advocate for the system to set up parental rights in Marriage Law, and implement the best interests of minors, give priority to the interests of minors; in the Civil Code perfect monitoring system, set up monitoring and supervision and oversight bodies to form a system of parental rights based, guardianship legislation supplemented style.