| It is a rapid economic development of modern society, the growing emphasis on the property, which is a necessary process of development of the times. Of course, man is the nature’s most intelligent animal, who will use their own wisdom to seek wealth and achieve their desired property. Was no exception for minors, either at the moral level or at the legal level, they also own property ownership rights. However, minors do not have full capacity for civil conduct as adults, so in order to protect the property rights of minors, which are bound to benefit from legal protection. But law is not perfect, and compared to other countries, there are many defects in many ways, thus speeding up the legal protection of property rights of minors is becoming increasingly important.This article mainly includes the introduction, body and conclusion. Introduction is mainly on literature review of previous research work in related fields, which mainly include the status of research and the content, structure and results of the study and the significance. Conclusion is a simple summary of the article. The key part of the main body of the text is divided into four sections, respectively, on the legal protection of property rights of minors for sound and systematic exposition.Overview of the first part is the minors’property rights. This section focuses on three aspects. The first aspect is the interpretation of several groups of related concepts, in order to avoid the described problems, because some basic concepts will be understood by the different fuzzy understanding of the entire article. The second aspect is about the theoretical basis of the minors’ property rights. The third aspect of the protection is the significance of protecting the property rights of minors. We can better understand the value of the protection of property rights and interests of minors. This part of the innovation is the theoretical basis of protecting, which will let us find the problem fundamentally. Second part is the foreign minors’property rights provisions and comparative analysis. Includes two aspects:the first is the law of foreign property rights and interests of minors, and it is mainly from the perspective of parents’ responsibilities and duties of guardian, describes how to protect the property rights of minors. Second is abroad in comparative analysis and summary of the minors’ property rights. The third part is the provisions on the China’s legal protection of property rights of minors. It is also divided into three aspects, respectively, for the minor’s situation, on legal protection of property rights in China caused problems in evaluation and interpretation of existing law. I hope it can explain the problem from a deeper perspective, and analysis on the content, and thus we can better solve the problem. The last part is the author countermeasures of China’s civil law on protection of property rights of minors. The most important thing of this article includes five main areas to improve. The first aspect is to establish the guiding principles. Actually it is mainly about "the principle of the best interests of the child". The principle is the importance attached by the countries in the international arena, because this principle can better reflect the interests of the child, in line with the development trend of the times and this principle written into the legal provisions is an inevitable choice. The second aspect is to define the scope and content of the property rights of minors. I learn from predecessors on the basis of the theory, provided the scope property of them, and want to help our legal provides. The third aspect is to improve the system of guardian of minors. The guardianship system is the most powerful and easiest way property of minors. Guardianship system actually include many ways, we must make reasonable analysis to clear monitoring system. This is mainly from the management and disposition of the right and the right of parents and guardians to description in respect of the right to return. The fourth area is to improve the security system and monitoring system on the property rights of minors. Author recommends the establishment of these bodies of management and supervision of guardian of property, because both can be separately from protection of property against all persons against a minor and point of view of supervision and guardianship, better protection of the property of minors. The last aspect is to improve the regulations of other departments of the civil law. Relying only on a "Civil Law" is not enough to protect them, but also needs the help of other departments the power of law.The style of this study is macro in the micro and micro in the macro. In each part of issue lists are written in the author’s different understanding. |
