| The system of parental power is an essential component of law of domestic relations in continental legal system, and a core content of contemporary law. Parentage law is continuously changing and improving with the development of society. So far, parental power converts from patriarch domination into parents's inescapable rights and obligations of rearing, educating, protecting and supervising their minor children. By using various kinds of methods, this paper discusses the legal significance of system os parental power, and carries out comparison and analysis of historical evolution at home and aboard. In the end, this paper makes exploration into the present situation of parentage in China and establishment of legal system of parental power with Chinese characteristics.This paper is divided into four sections:The first section focuses on legal significance of system of parental power, and defines the study object of the paper. The author thinks it is of importance to make clear the legal significance of system of parental power because systematic parental power is not formed in China today. This part first summarizes the concept and legal characteristics of parental power, that is, parental power refers to a system of parent s rights and obligations of rearing, educating, protecting and supervising to minor children. Parental power is right of paternity, absolute right, exclusive right, and right of control, and it has dual properties of right and obligation; also, this section indicates that system of parental power is a component of civil law, and a legal system based on identity relationship of parents and children. Its object of adjustment is limited on pater-nity between parents and minor children. Its characters are of class, na-lion , ethics and group. In the end, this section specifies the status of law of parental power in Chinese legal system.The second section investigates historical evolution of parental power. This section introduces its three stages in Roman law and in continental legal system: patriarchy, ancient system of parental power; modern system of parental power in 19th century; contemporary system of parental power from 20th century on. This section reviews its tradition and evolution from moral and ethical system of parental power in federal period to last years of Qing Dynasty and the Republic of China even to New China period. By comparing and analyzing formation and evolution of system of parental power at home and abroad, and by sociologically analyzing its present situation in New China, such a conclusion is drawn as: when establishing law system of parental power in the present stage of China, it is important to build a legal culture environment in correspondence with new legal system as well as to attach to the tradition and reality of legal culture of China, besides improve existing systems by absorbing advanced legal ideas and systems of other countries.The third section discusses the necessity to establish system of parental power in China. First it is raised whether to establish legal system of parental power, and the author's views are clarified: concept of parental power must be specified and two independent system of parental power and guardianship should be established, so that these two systems can improve and realize their respective functions according to their respective requirements, and the purpose of protecting minor can be achieved. Furthermore, the author points out that it is imperative to establish and strengthen legal system of parental power due to complexity of type and content and external relations of parentage, as well as un-clear concept, unreasonable system (for example, no distinction between parental power and elterrecht), and abstract content (for example, subject, content and patterns of relief of parental power is not specified e-notigh).The fourth section proposes a legislative conception of establishing system of parental power in China. This conception includes: 1) Legislative principles of system of parental power... |
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