Summary: | 碩士 === 國立成功大學 === 法律學系 === 103 === Parental right is the core in handling the parent-child relationship, and the best interest of the child is served as the guiding principle. This paper focuses on the legislation and the practice of parent right in both Taiwan and Mainland China. To the concreteness, we compared the parental rights in both Taiwan and Mainland China during marriage and after divorce. The research methods used in this paper include the legal-interpretation method, the case study method, and the comparative-study method.
This paper aims to find the potential defects of parental rights in Mainland China, and provide some relevant advices based on the successful experiences in Taiwan. Moreover, We hope these suggestions can better protect the interests of the child in future legislation processes.
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