On Defect And Improvement Of Guardianship System For Minors In This Country

The guardianship system for minors refers to the law system which supervises and protects the person and property and other legal interests and benefits of minors. Guardianship system for minors is closely bonded to the vital interests of minors, and whether guardianship system for minors is scientific directly influence the guarantee of minors interest, and it is closely bonded to the healthy growth of minors, therefore, high attention should be paid to it. Guardianship system for minors originates in Roman law, and through the development of more than 2000 years, modern guardianship system for minors came into being. The aim of guardianship system for minors is to protect the legal rights and interests of minors, meanwhile guardians' interest requirements are considered.The development of guardianship-system for minors in China is quite late, in General Principles of the Civil Law, views on General Principles of the Civil Law, law of adoption, and The Law on the Protection of Minors guardianship system for minors is formulated, which constructs the basic framework, however, existing legislation of China on guardianship system for minors is comparatively rough and general and its operability is not high, which makes that there are plenty of defects in guardianship system for minors in China, and this impedes the exertion of functions of guardianship system for minors, and very bad consequences are caused in practices, for instance, minor crime increases day by day, and matters such as guardian violating minors happens occasionally. Therefore, it is necessary to complete existing guardianship system in China to protect the legal rights and interests of minors. This thesis starts with the angle of completing guardianship system for minors in China, and through explicating the basic scope of guardianship system for minors, regulations on guardianship system for minors of the two legal systems are compared to find the defects of guardianship system for minors in China, and corresponding completing suggestions are proposed.This thesis is divided into 4 parts:Part-1 is the basic scope for guardianship system for minors. In this chapter, notion, function, characters, and contents of guardianship system for minors are illustrated. According to this thesis, guardianship system for minors is the civil law system which is generated according to law and is natural person or unites' supervision and protection for the personal interests and property interests and other legal interests in a certain scope. The function of guardianship system for minors lies first in protection of interests of minors, and besides, completes the disposing capacity of minors, and maintaining trade safety and maintaining the social order and promotes the development of society. The character of guardianship for minors is a kind of duty, which is the inner unity of rights and obligations.Part-2 is the investigation overseas. In this chapter, the main content is the investigation of rules for guardianship system for minors in civil law countries and British and American laws countries, and typical cases of the two legal systems are chosen to be the analysis objects, among the civil law countries, France and Germany are chosen, while British and USA are chosen among British and American laws countries, through the investigation related to guardianship system for minors in these countries, provide references to the completion of China's guardianship system for minors.Part-3 is about the current situation and defects of guardianship system for minors in China. It is stipulated in guardianship system for minors in China the classes of guardianship system for minors and the duties of guardians of minors and the alteration of guardians of minors. by analyzing the existing regulations of guardianship system for minors in China, defects are found, to be specific, the defects of guardianship system for minors in China includes:incomplete classes of guardianship, asymmetry of guardians'rights and obligation, Unscientific of social organization as guardians and lack of complete guardianship supervision system.Part-4 is the perfection of guardianship system for minors in China. This chapter mainly aims at the defects of guardianship system for minors, and corresponding suggestions for perfection are proposed. Further the expansion of classes of guardianship for minors and adding will guardianship; increasing the rights of guardians of minors and recover the balance the rights and obligations of guardians; perfect the national guardianship system for minors; construct perfect guardianship supervision system.