Research On The Intervention System Of Juvenile Guardianship In China From The Perspective Of Public Law

Minors are the future of a country.The minors’ guardianship system is an umbrella which is especially developed by every country for protecting minors. The law and regulations for minors have been improved with the increasing development of the various social causes. However cases in which minors’ legitimate rights and interests is damaged because of the improper guardianship in family are more and more. As this reason,people begin to seek national public power intervention mechanism in order to perfect every systems of protecting minors, which make the minors’ guardianship system be better in terms of person, property and other legitimate rights to maintain minors.On the basis of general principles of civil law, our country establishes the law of the protection of juveniles, marriage law and other kinds of minors’ guardianship system, but in which there are all kinds of problems including general and fuzzy level of law, imperfect guardianship system,and every imperfect kinds of supporting measures, which warn us that we need explore and research new institutional reform.In other facts, the increasingly mature public power intervention mechanism is a kind of system built by country on the basis of many great nations researching their own development patterns. Look around the world, civil law system and common law system,two different systems all learn from the modern meaning of guardianship and intervention according to their own state situation in view of guardianship problems.Our country can research the cultural meaning and factual reference value proceeding from comparatively perfect guardianship intervention law system and mature guardianship intervention system,in addition to analyzing our legislative status of minors’ guardianship supervision and national government intervention mechanism.The embodiment of national public power in aspect of guardianship field makes guardianship system include nature of public law in addition to privatautonomie.Taking example by abroad effective system background, creating the minors’ guardianship intervention system in vision of public law,including improving all kinds of supporting measures and establishing effective guardianship supervision is workable.This article mainly explains and analyzes related problems about the minors’ guardianship intervention system in vision of public law.This article introduces this topic’s researching objective and meaning to explain this topic’s realistic and theoretical meaning and to define the minors’ guardianship intervention. From the definition and contents of this system,our essay leads to the nature and reason why it’s here of state intervention system and explains it in the basic progressive way.In the same time, it finds our imperfect on guardianship intervention system by concluding and contrasting research status of guardianship intervention system at home and abroad.The last is the most key point of this writing lies that is to improve and develop our recommendations for the Guardianship of Minors intervention system in vision of public law. The corresponding perfect advice is proposed in terms of social, administrative, judicial and so on,including distinguishing between guardianship and parental right,creating guardianship’s public power intervention mechanism, guardianship supervisory system and other supporting measures,at the same time, proving the effectiveness and feasibility of the system.