| Minors guardianship system is an important system to protect the personal and property rights of minors. In our country, the research on the supervision system of minors is not thorough, which makes the system have many disadvantages. The current monitoring system of minors in our country can not fully meet the needs of the social development of our country, but also can not fully play a role in the cause of child protection. Based on the national conditions of our country, and analyzes the shortcomings of the minor guardianship and surveillance system of China, fully absorb and learn from the advanced legislative experience of foreign countries and draw on previous research results, put forward to perfect our country’s minor guardianship and surveillance system:establish "child’s best interest principle for guiding ideology of legislation, the establishment of specialized not adult guardianship supervision subject system, not clear adult guardianship and surveillance system of object refinement, not adult guardianship supervision measures, perfect without adult guardianship supervision matching mechanism. From the local to the whole one by one to improve the legislation and judicial practice to effectively link up the formation of a minor guardianship system with Chinese characteristics.This article is divided into five parts. The first part is "the question". In this part, firstly the author introduces the problem that the article will be studied in the case of three cases. Secondly, the author have made an investigation about the Yangzhou City, Jiangsu Province, Yucai elementary school, Yangzhou Shuangqiao experimental central primary school, Yangzhou Wenhe elementary school part of the parents of the students of field research and part of the school class teacher conducted in-depth exchanges and collected abundant first-hand data, to establish a good practice basis for writing the article. The second part is "China without adult supervision system of guardianship legislation" the part through the elaboration of the minor guardianship and surveillance system in the legislative status, the author clarifies that exists in our country is not adult guardianship supervision system point of view. The third part is "the necessity of perfecting the supervision system of the minors in our country". The fourth part is the basic theory of the supervision system of the minor guardianship ". In this part, the author mainly expounds the origin and content of the minor guardianship system. Hope that through the introduction of the basic theory of the system, to further stimulate people’s attention to the situation of minors guardianship. The fifth part is "the reconstruction of our country" s juvenile guardianship and supervision system of the legislative proposals". In this part. Based on the analysis of the main problems existing in the system and introduces the relevant legislation in countries of Anglo American law system and continental law system of typical countries, to take its essence, goes to its dregs, provide a reference for the improvement of the minor guardianship and surveillance system of China. In addition, the author also puts forward some legislative proposals to improve the supervision system of the minors in our country. The author believes that to perfect this system, not only to make the system of subject, object to be clear, but also a clear responsibility of supervisors. In the adult guardianship supervision of specific measures should be perfected, the author advocates, minors into different, according to the specific situation of minors, formulate specific supervision measures, making the system more probability. |
