| The minor guardianship system in China is not only an important part of theguardianship system in our country, but also is an important civil legal system. It is a legalsystem in that the guardian supervises and protects the personal, property rights and interestsaccording to law of minors，it play its great role in the protection of the personal, propertyrights and interests according to law of minors, and it not only protects the legitimate rightsand interests of minors, but also maintains the healthy growth of minors, so that it affects thedevelopment of the state and society.The minor guardianship system originated from the ancient Roman law, this systemhas a long history, and has continued to play a very important role in protecting the interestsof minors so far. In contrast, the minor guardianship system in China presents a simple statedue to it develops relatively late. The guardianship system for minors in China plays a certainrole in the protection of the legitimate rights and interests of minors, however，as the quickdevelopment of the society, three abnormal kinds of the problems in the guardianship ofminors that are the guardianship of minor children after divorce, urban street children, andchildren left behind in rural areas has become increasingly apparent. This increasinglyhighlights the minors guardianship system in our country can’t adapt to the development ofthe society, so that it is difficult to play its role in the protection of the personal, propertyrights and interests according to law of minors.Therefore, it is imperative to improve the minor guardianship system, and the study on ithas theoretical value and practical significance. This paper will analyses the minorguardianship system in China from the four aspects. Part I: overview of the minorguardianship system, and reveal its nature and its value of existence. Part II: examine thecurrent legal norms of the existing system of the minor guardianship system, and dig out theproblems of the minor guardianship system, which are the guiding ideology with a history ofheavy limitations cause that the qualification of some part of the guardian is undue, thelegislative technique of “should be broad rather thin†that leads to many omissions in thelegislative norms, lack of national public power relief leads to the lack of State’sresponsibility and it can’t be effectively guard some abnormal kinds of the problems in the guardianship of minors. Part III: inspect the representative the minor guardianshipsystems of the two legal systems, and reveal the significance of those systems for the minorguardianship system in China. Part IV: put forward the concrete countermeasures to perfectthe minor guardianship system in China. |
