Author(s)

Hongyu Xia ¹

Affiliation(s)

¹ Tibet University, Lhasa, Tibet Autonomous Region, China

Corresponding Author

Hongyu Xia

ABSTRACT

Civil law is the core of private law, and it is the general term of the legal norms to adjust the personal relations and property relations between equal subjects. Among the many basic principles of civil law, the principle of equality occupies an important position. The principle of equality is the concrete embodiment of the basic attribute and value pursuit of civil law. However, in the specific provisions of civil law, we can still find some embodiment of non-equal relations, such as the parental rights contained in the guardianship system proposed in this paper. The parental relationship between parents and children is naturally dependent and subordinate. Although the guardianship system of China's civil code does not explicitly stipulate the word "parental rights", the specific provisions are reflected. Whether such provisions are contrary to the principle of equality in civil law involves the difference between formal equality and substantive equality.

KEYWORDS

The principle of equality; affinity; guardianship system; form equality; substance equality

CITE THIS PAPER

Hongyu Xia. The conflict of equality between civil law and non-equality in guardianship system. Science of Law Journal (2025) Vol. 4: 121-124. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040117.

REFERENCES

[1] Jiang Zhanjun, the "colorful portrait" of civil law in the historical vision, legal Science (Journal of Northwest University of Political Science and Law) 38 (01) (2020) 66-81.
[2] Lin Jian, Zhang Xu, formal equality and substance equality in the perspective of historical materialism, Jianghan Forum (11) (2019) 5-9.
[3] Qin Qidi, the reconstruction of the elements of civil law equality and the identification of ancient and modern, Times Law 22 (05) (2024) 44-53.
[4] Yu Qiting, the lack and thinking of the parental rights system in China [J]. Dispute Resolution, 2024,10 (5): 186-191 
[5] Lu Ningchen, research on the practical problems and legal application of the guardianship System of the Civil Code, Shanxi Science and Technology News, 2022-06-23(A06).

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting