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亲权制度,作为一种权利、义务相结合的民法制度,是基于父母和未成年子女之间的身份关系产生的。亲权制度,它体现的是监护人与被监护人之间的身份关系。但是,我国并没有独立规定亲权制度,而是将其规定在监护制度中,这样就容易使人混淆这两种制度,对亲权制度的设定和规范上必然会出现诸多不足。本文从亲权基本内容出发,分析其概念、特征和存在的问题,并提出完善的对策。
The system of paternity rights, as a kind of civil law system combining rights and obligations, is based on the identity relationship between parents and minor children. The system of parental rights, which reflects the identity relationship between the guardian and the guardian. However, our country does not stipulate the system of parental power independently, but stipulates it in guardianship system, so it is easy for people to confuse the two systems, and there are bound to be many deficiencies in the establishment and standardization of the system of parental authority. Based on the basic content of parental rights, this article analyzes its concept, characteristics and existing problems, and puts forward the perfect countermeasures.