The Construction Of The System For The Parents-divorced Minor’s Property Supervision

Modern society, the protection problems of the rights and interests of minors by their parents’divorce are drawing the attention of more and more people. With the development of the economy, the type of minors to acquire property are diversified, value is greater than ever before. But based on their fairly disadvantaged position and complicated condition, they need to rely more on their parents to achieve and protect their property rights. However, at present there is no systematic legal provisions about the property supervision of the minors whose parents are divorced in our country, and many problems has occurred in the practice of judiciary. Therefore, it is of legal and practical significance to construct the system of property supervision to those parents-divorced minors.In addition to the introduction and conclusion, this thesis is divided into four parts, adding up to22000words.The first part talks about family disintegration initiates the minors’ property problems. Through analyzing the situation of the family disintegration because of parents’divorce, and the disappointed current situation of judicature in our country, this part mainly introduces the current situation of the parents-divorced minors’property supervision so as to arise the call for construct the system of property supervision of the minors whose parents are divorced.The second part analyzes the legislation and comments. This part mainly analyzes about the relevant legislation of minors of our country, based on the analysis about parents divorce under circumstances minor property supervision system and the lack of brought about by the confusion. The third part,which includes two aspects, analyzes the construction of the parents-divorced minors’property supervision in theory. By analyzing the worldly history development of the minor’s property protection and the rationality of the minor’s property rights, this part elaborates the legal effect of the guardian’s dispositive acts to the minor’s movable and immovable property for or not for the children’s interests.The fourth part, divided into five aspects, is about the construction of the system for the parents-divorced minor’s property supervision. The first aspect is the purpose of legislation and the legislation system. The protection of the minor’s property rights should be carried out on the basis of the best interests principles for children. Rashly disposal behaviour is opposed and meanwhile children’s other interests and social benefits should be considered. Independent legislation system for the parents-divorced minor’s property supervision, more strict than normal minors’ property supervision system, should be established. The second aspect is defines the range and content of the minors’property. It identifies the range and content of the minors’ property through introducing the related theories put forward by some scholars of Taiwan as well as combining the real situation of our country. The third aspect defines the guardian of the parents-divorced minor’s property supervision. Based on the best interests principle for children, the selection criteria for the guardian and the designated guardian under exceptional circumstances are confirmed. The third aspect talks about the affirmation for the guardian’s rights to dispose the minor’s property. According to the interests for the children or not for the children to dispose the minor’s movable property and immovable property, this aspect analyses the legal effect of the guardian’s dispositive acts. The fifth aspect is the construction of the system. Supervisory organization should be set up at the very beginning, and then appropriate public rights intervention system, the third party escrow system, property reporting system and special protective system for the minor’s immovable property assignment should also be formulated.