Study On Guardianship Of Minors

Guardianship of Minors has the function of protecting the guardian's fundamental rights ,and its scientific nature has an important effect not only on the growth of minors but also on the social stability.Guardianship of Minors in China's system has been initially formed the basic framework.It has played a positive role,but there are still some legislation defects.Guardianship of Minors in our country can not meet the requirements of social development.This article attempts to learn the good legislation on the Guardianship of Minors system from the developed countries ,and by analysing the defects of Guardianship of Minors in our country to explore a way to improve our own system of Guardianship of Minors.There are three chapters in the article:Chapter one of this thesis is about the compare of foreign Guardianship of Minors systems.This chapter introduces the minors guardianship system of the typical civil law countries,France,German,as well as British and American minors guardianship system.So we can see the tendency of Minor Guardianship.Chapter two is about the minors guardianship system in our country.From the legislation of the minors guardianship,three defects are found:(A)The idea behind the guardianship was backward,and also the skills of the legislation ,which leading to a result that the personal rights and interests of minors are not properly protected;(B)the contents of the system have flaws,too;(C)The government of China shall appropriately intervene into guardianship by special supervisor,and set up a special governmental guardianship agencies at the same time,which shall be the final protection for the guardianship of minors with social welfare.In Chapter three the idea of improving Guardianship of Minors is introduced.In regard to the existing guardianship of minors system,we should change the principles of the minors guardianship in order to protect the interests of the minors; improve the skill of our legislation so that it can be carried out easier;to perfect the contents of the Guardianship of Minors;enhance the intervene of the government.