小爸爸
Hello, everyone, my name is jihualan. This is my partner liutiantian Today our topic is little father. Some time ago, there was TV play is welcomed by everyone, that is little father.
Little dad is all aboutA Chinese boy, to the United States for study and communication, and to pick up Bai Fu beautiful girl love unconsciously. Boy back home, the girl gave birth to a boy and the boy knew nothing. After the children grow up, girl. (mother) children because unfortunately died in a car crash Children return home to find father. Encounter among many bizarre events
Although it is a TV show about love, but the play involves a lot of legal problems. Below, we will discuss that of which the legal issues involved.aa
Custody is a guardian for minors and mental patients without person of civil action ability and the limited capacity of personal rights, property rights and interests enjoyed by supervision and protection of right of authorship. For without civil capacity or with limited capacity for civil conduct of the legitimate rights and interests of minors and adult mental patient management and protection of the legal qualification. For under parents' protection of minors, the law has special requirements on the rights and obligations between parents and children, the custody of the minors were his parents. Without a parent or parents cannot be declared exercise QinQuan and with no capacity or ability to limit people's
personal and property is to protect the rights of others is custody.
Both born out of wedlock, by which side, both sides talks things over, No settlement is reached, the dispute shall be according to the actual circumstances of the children and the interests of both sides. Breast-fed, in principle, should be raised by the mother, if good conditions to the father, mother agreed to, can also be raised by the parent. Children to restrict person of civil action competence, should consult the children himself. One party sending underage children for adoption, must obtain the consent of the other party's consent.Article 25 born out of wedlock shall enjoy the same rights as children born in wedlock, anyone may harm or discriminate against them.
Who does not rear directly his or her child born out of wedlock shall bear the child's living and educational expenses, until the child can support himself or herself
Here we will talk about contract effectiveness. The beginning of the story, the child's uncle give up dad signed a child custody agreement, in the case of going, dad signed the agreement, then the agreement valid?
The conditions of the contract is 1, the perpetrators have corresponding capacity for civil conduct; 2, meaning said real; 3, do not violate the law or the public interest. Only have these three conditions, the contract will be effective, so I don't think the meaning of the dad said is true, in the custody agreement signed, is invalid.
Here again in the jury system. Law is to achieve the most effective tool of social management, law are undoubtedly to reflect the value of justice, and encouraging people as standard. Contrapose throughout the world, including Britain and the united state shall practise a system of jurors should be said that in the history of law operation is positive, the typical significance. This system, reduce the distance of the law and the general population, make it high above the law no longer, out of reach. The decision of the jurors to legal fact, the law is no longer become so rigid and no human feelings, pure cold-blooded "machine". Jurors in their common view, fulfill their judgment. This kind of thinking judgment combined with the judges law rationally, perfect the implementation of the law by ought to reality the most beautiful.
Our lawyer again said the United States and the difference between Chinese lawyers. American lawyer industry standards for the development of present a totally different picture scroll with China. If China lawyer industry standards are experiencing is a process of "go to town", then the American lawyer industry specification is experiencing a "went to dehua" process. The so-called "ethics" refers to an American lawyer industry norms in not only a weak force status of professional ethics, and gradually become neck and neck with other types of law, enact law category. As Stephen ji, (Stephen Gillers) in the specification: legal and ethical issues (sixth edition) begins with emphasis, "this kind of
specification (lawyer industry specification) is becoming more and more complicated. They have led to the birth of a new word - a lawyer's practice method - this is to avoid being fooled the word" moral "and believe that this area is mainly related to how to get like or respect.