Essay On The Property Right And Protection Of Minors From Divorced Families

With the improvement of people’s living standards and the growing wealth of family, the property relations between parents and children has changed and become more complex. For example, if children receive property for free or get lost property from others and get reward for their labors, the parents will have the right to managed these property and fulfill obligation or not, which are not regulated specific in the Marriage Law.Nowadays, although our country has established the legal system of protecting minors and has specific regulations about the right for minors’raising and education, there are still the problems that China’s current law on the protection of minor property is fragmented and does not form a system. From the academic monographs and journal articles on the direction of marriage and family law, we can find that scholars pay much more attention to the minor’s guardianship issues than the divorced families’minors’ protection of property rights. To sum up, there is lack of legislation to solve these problems. It is particularly important to protect the minors’property rights from divorce d families since the minors living in the future rely on the protection of property rights. Therefore, this article try to analyze the defect of China’s current laws on the protection of minors’property of divorce families, combined with the related foreign laws and regulations, then propose several suggestion and measures to improve the legislation on the minors’ property right from divorced families.