The Protection of Minors in Civil Law


 

 

Taking the ideology and methods of protection of minors established by the United Nations Convention on the Rights of the Child as reference and basing itself on the Chinese civil law and related judicial interpretations, this book carries out in-depth and systematic reflective researches on various civil law systems with the protection of minors as the core, such as the systems of capacity for civil conduct, guardianship of minors, and tort liability capacity from the perspectives of the concrete structure of legal provisions, the system linkages between relevant provisions, and the effect of civil law protection of minors. On the one hand, it analyzes in detail the various deficiencies in the civil law protection of minors in China in terms of legislative idea and technique; on the other hand, it provides many inspirations and opinions for further improving the Chinese laws on the protection of minors.

After the promulgation of the Convention on the Rights of the Child, profound changes have taken place in the idea of protection of children's rights, which have affected the choice of the value of law, and ultimately manifested them in the adjustment of legislative ideas, legislative techniques and normative models. Behind concise legal provisions, there are not only rigorous, elaborate and meticulous value considerations and interest balances by legislators and legal researchers, but also the objective drive by the development and change of the entire society. This book conducts a systematic and reflective study of a series of legal provisions on the protection of minors in Chinese civil law. This solid and in-depth study of the subject is conducive to deepening and expanding the civil law theory in China, and provides a research paradigm to young scholars interested in legal research.

The author of this book, Zhu Guangxin, is a research fellow, a doctoral supervisor, and the deputy head of the Civil Law Department of CASS Institute of Law, and vice secretary-general of the Civil Law Research Committee of China Law Society. He has published a number of monographs, including Studies on Trust-based Liability, The Trust Protection Principle and Its Structure in Civil Law, Studies on General Principles of the Contract Law, more than 80 academic papers, and over 20 theoretical articles.