The Establishment Of Supervision System Of Juvenile Guardianship In China

In general, the guardianship has broad and narrow sense. The broad sense of guardianship includes adult guardianship and custody of child. The custody of child includes parental power and other people’s custody. The guardianship is divided into adult guardianship and custody of child, without distinguishing into parental power and other’s custody in our country. The minor guardianship here refers to broad sense which contains parental power and surveillance system since this article is a discussion about the minor guardianship.Supervision of guardianship originates from Roman Republic. The purpose of guardianship system has turned from protecting families’and the statutory successor’s interests to protecting the ward’s interests. In order to limit parental power and protect the ward’s interests, the state has begun to strengthen the interference and supervision of guardianship. To this day, on the one hand, the minor guardianship system has become a purely guarded system; on the other hand, guardianship has some new features, like responsibility and altruism. All of these make the supervision of guardianship’s appearance become inevitable. It is the general practice and trend of modern guardianship system that establish a perfect supervision system of guardianship. France, Germany, Japan and other countries which belong to the continent legal system have developed a comprehensive supervision system of custody of child. England, U. S. A. and other countries which belong to the common law system have stipulated improvement measure. Our law is not perfect in legislative technology and the subject, the content and the measures of supervision. And in guardianship system’s actual operation, the phenomenon that guardian maltreat or abandon ward is relate to supervision system’s imperfection. Then in order to protect the minor’s perfect, we should establish a perfect minor guardianship supervision system.In theory, according to the difference of supervisor, supervision of guardianship can be divided into three categories:general supervision, the subjects are specific publics; special supervision, the subjects are supervisors; the supervision of organ, the subject is judicial authority or administrative organ. According to the difference of existing period, supervision of guardianship can be divided into three categories:supervision before the event, supervision at present and supervision after the event. When we establish our supervision system, we should consider the characteristics of our custody of child. Our custody of child contains parental power, other people’s guardianship and organization’s guardianship. All of them must be supervised by specific public, supervisor and the organ. First of all, if the guardians of children are their parents, the guardians shall be supervised by specific public and the organ in principle. But if there are some issue with parental power, parents should be supervised by supervisor. The subjects of general supervision include minor’s grandparents, adult siblings, other relatives or friends, teachers (include school’s administrators), doctors, social workers and other professionals. The measure of supervision is reporting. The subjects must report guardians’dereliction of duty to supervisor or the organ. If minor’s family has serious problems such as minor’s parents have serious misbehavior, we need setting special supervision to supervise minor’s parents. Secondly, if the guardian of children is other people expect their parents, the guardian will be supervised by specific public, supervisor and organ. The differences are the change of general supervision’s subject and the normalization of special supervision. The subjects of general supervision include those people who can be general supervisor in parental guardianship but have not become minor’s guardians. The special supervisor is set when the guardian of children is acted by other people. And lastly, if the guardian of children is organization, the scope of general supervision’s subject will be reduced and the supervisor will be different according to guardian’s difference. General supervisors who can supervise organ include teachers (include school’s administrators), doctors, social workers and other professionals. When general supervisors find guardians’dereliction of duty, they should report to special supervisor or organ. Special supervision can be divided into different situation:if the guardian is the unit of minor’s parents or the residential committee or the village committee, those organizations will be supervised by general supervisor, special supervisor and organ; if the guardian is the civil affairs department, it will be supervised by general supervisor and organ.