建立我国的亲权制度

我国现有的亲权制度的内容规定过于概括抽象,权利义务要求极不明确,欠缺可操作性,尚不足以涵盖亲权制度的全部内容,已远远不能适应调整日益复杂的亲子关系的要求.建立我国的亲权制度,应在名称上采纳亲权的概念,在体例上明确区分亲权与监护,充实亲权制度的内容,明确规范父母离婚后的亲权的归属及行使.

Establishing the Child Custody Law in China

At the present time, China's legislation in terms of child custody law is considered being much too abstract to be fully understood by the public. With unclear demands of right and duty, and lack of practicability, the current child custody law has failed to cover all the desirable contents that should be included in the system. As a result, it does not meet the requirements of complicated relationship between parents and children. To establish the child custody law within China calls for adopting a nominal concept of child custody; thereby clearly distinguishing the differences between custody and guardianship, so that issues associated with post-divorce could be well settled.