On The Lack Of System And Improvement Of The Guardianship Of Minors In China

Guardianship of Minors system is a very important legal system in the civil law system. Establish and improve the Guardianship of Minors system plays a very important role in safeguarding minors personal, property and other legitimate rights and interests as well as maintaining the stability of the social order.Establishing a Guardianship of Minors system based on "General Principles of the Civil Law, Opinions," Protection of Minors Act, Marriage supplement. However, with the development of the times, the problems faced by the field of the Guardianship of Minors growing number of minors guardianship system has been unable to meet the needs of the new situation, the legislative thinking behind not distinguish between parental rights and guardianship, the lack of Guardianship of Minors supervision interventions, weak state guardianship abuse gradually revealed. Guardianship of Minors our current lack of system problems, I combined with China’s national conditions and learn from foreign advanced legislative experience, respectively, never adult guardianship property to determine to determine the scope of the guardian, the establishment of the system as well as countries of the Guardianship of Minors supervision construction of four aspects of the guardianship system recommendations of minors guardianship system.In this paper, the structure in addition to the introduction and conclusion, is divided into four chapters, the main contents are as follows: The first chapter is the attribute of the Guardianship of Minors. This chapter describes the meaning of the Guardianship of Minors system, the history of Roman law on custody and the nature of the modern guardianship visits to clarify the properties of modern guardianship of the Guardianship of Minors is a duty. Finally, the status quo of the civil law scholars debating guardianship nature put forward the idea of the distinction should be made between parental rights and guardianship legislation.The second chapter is determined to guardians range. This chapter first legislative visits the guardians of the four countries of Germany, France, the United States, Britain, and then study the establishment of our guardians. Analysis, it is pointed out that modern social units and other organizations should not serve as a guardian should be removed. In addition, the types of guardianship, can learn from the common practice of the four countries, establishment of testamentary guardianship.The Chapter three supervision system of the Guardianship of Minors. This chapter begins with an in-depth study of custody supervision system in Germany, France, the United States, the United Kingdom, and then examined the analysis of the Guardianship of Minors supervision system, and finally, I lack the supervisory system of the Guardianship of Minors, learn from foreign advanced legislative experience based on the mandatory reporting system, the establishment, from the establishment of the concept of guardianship oversight choice, emergency resettlement processing system is established, as well as judicial intervention and the interface between the five aspects of the guardianship supervision system recommendations.Chapter four countries as ultimately the main body of the Guardianship of Minors, should bear the responsibilities of guardianship of minors angle of the Guardianship of Minors system perfect proposal. This chapter first describes the situation of other countries abroad Guardianship of Minors, then combed the status of our national guardianship, through comparative analysis, think of whether it is strong on the Protection of Minors management organization or state guardianship there is a great lack of scope and intensity, Finally, for the inadequacies of the above two points, the author draws on the experience of other countries abroad based on proposed improvement recommendations suited to China’s national conditions.