Guardianship Of Minors System

The minor guardianship is an important civil legal system. Its scientific nature and implementation effect relate minor's safeguard of rights and interests, and minor's healthy in mind and body, and will affect national and society's development and future. In contrast with the overseas guardianship system, our country minor guardianship system appears too principle and general, moreover along with society's reformation and development, some stipulations has not been able to adapt the new situation, exposes many flaws in the practice. Through studying elementary theory, development tendency and overseas legislation universal law of the minor guardianship system, this paper attempts to further recognize and analyzes the flaws and the realistic problems of our country minor guardianship system, and suggests using a combination of parental authority and guardianship to strengthen the protection to minors, modeling after overseas legislation strong points.Firstly, define and consummate parental authority system in the Civil Book. In parental authority system, persist in protecting the underage children, and parents' exercising equally parental authority; establish a system about stopping and depriving parental authority; define the way and items by which, parents exercise parental authority after divorce; stipulate that the underage children should obey the management from parental authority and parents should undertake legal liabilities when they don't their duty.Secondly, establish an independent comprehensive Guardianship of Minors Act. Update legislation idea along with social development; improve legislation technology to make detailed, precise, specific, user-friendly norms; establish and improve the major contents such as the range of guardianship ,the type and capacity of guardian, guardianship monitoring system, guardian's resignation and removal, guardian's responsibilities and liabilities, etc.In addition, from a viable experience of Germany and American about guardianship nationalism and public guardianship, strengthen the duty of parents to manage and rear children, the building of guardianship organs ,the development of social welfare agencies, set up a community-one law system of the Guardianship of Minors from family, nation and society.