| From the time of ignorance to the highly developed civilization today,the legislation on parent-child relationship has changed several times and finally explored the system of joint parental authority in the exercise of parental authority.Although the revision of the Civil Code of our country does not clearly stipulate the concept of joint parental authority,the content of the system is scattered.Seen in the chapter on parent-child relationship of the Civil Code,Marriage and Family,for example,Articles 1067 and 1068 stipulate the rights and obligations of parents to their children.However,these provisions are general provisions,although they are instructive,they are specific operating rules.Still not perfect.Although the "Civil Code" provides adjudication reasons for the decision of the case,it has not achieved a substantial leap compared with the "Civil Code" before the promulgation of the "Civil Code",and judges still need to make discretionary decisions on the definition of relatively vague standards.In addition,the joint parental authority system emphasizes the principle of the best interests of the children,how to implement the principle of the best interests of the children,how to protect the interests of minor children in the performance of property protection obligations and how to protect the rights of personal protection can still be improved.space.From the perspective of extraterritorial,shared residency order,veto power to leave the country,joint guardianship and joint care all show that extraterritorial joint parental rights have developed very maturely,and it is worthy of our country to study and learn from,and further refine the fuzzy standards in custody disputes in the future..Improve the property protection system for minor children and fill in the rules for the application of the principle of the best interests of children,in order to pave the way for the application of the joint parental system in my country. |
