Minors Property Guardianship System Research

The minors are in large numbers, special station and complicated situation, who are also in a juvenile and weak period. At the same time, they are different from the adult in both physiologic and psychological characteristics. They are not mature in both physical constitution and mentality, which have the characteristics of simplicity, impulsion, a great faculty of reception, feebleness in protection, and a weakness in distinguishing right from wrong and judging. The history and reality have proved that it is a period in which the individual rights are prone to be invaded. Therefore minors need special care and consideration from the family, the school, the society and especially the protection of the law. In civil law, for the absence of legal capacity, minors can not create a judicial relation effectively and can not protect themselves in both personalities and property. The connotation of guardianship for minors is caring for, assisting, educating, supervising and protecting minors. The guardianship also aims to satisfy minors'daily needs, guarantee their participation in social activities, supervise and protect the person and property of minors from unlawful infringement for the sound growth of minors. Otherwise, the legal system of guardianship is not perfect in our country, especially the legislation of property guardianship which is relatively weak compared with other countries. Although"Guardianship"is stipulated as a section in the chapter of"Citizen"in the"General Principles of The Civil Law of the PRC"which prescribes minor's capacity and guardian's creation, the section is limited to effectiveness of disposing of minor's property and general duty of guardianship which does not deal with the range of minor's property, the extent of parents and guardian, the supervision of guardianship in a complete system, and induce difficulties in execution. On the base of existing text the author hereby intends to probe into the guardianship of minor's property and bring forward legislative suggestions referring to the defect of existing text with reference to continental law system and legislation in Taiwan.The author expounds the subject from four aspects in the thesis except the forward and conclusion:Ⅰ. The definition of guardianship of minor's property Firstly, the author defines the scope of minors and guardianship of minor's...