Studies Minor Guardianship System Specified

The designated guardianship system of minors still remains to be perfected, though the guardianship system has been abundantly studied in recently years. On the basis of quantities of academic works, the author of this thesis, directing at the related issues of the present in the society, intends to study and combing the designated guardianship of minors systematically, and further rethink and summary the existing legal norms and the designated guardianship system of mainstream minors. At last, this author will give detailed and reasonable suggestions to perfect the designated guardianship system of minors. As to the study of the designated guardianship system of minors, because of a lot of legal practice is involved, the types of it that may arise are chosen to be the main content in this thesis. The author attempts to sum up and conclude the types of the designated guardianship system of minors in order to make them standardized in procedures, comprehensive in content, and systematical in mechanism. To perfect the designated guardianship system of minors is to farther perfect the guardianship system. Correctly handling the designated guardianship issues of minors is the real need of the protection of the interests of minors. A systematical study of the designated guardianship system of minors contributes to social stability and healthy development of minors, and also is the real needs of China’s judicial practice. Through comparing the designated guardianship system of minors at home and abroad, and interviewing guardians of minors, judges, lawyers, experts etc., the author of this thesis concludes the difficulties that the designated guardianship system of minors faces. On the basis of previous research results, the author will try to put forward several constructive suggestions with the hope to perfect the designated guardianship system of minors.This thesis is composed of three parts:Part one, first an introduction is given to the development of the designated guardianship system of minors. Then the author of this thesis analyses the designated guardianship system of minors from a theoretical perspective in order to explore the essential connotation of it, and proposes new concepts of the designated guardianship system of minors from the perspective of legal mandatory. After that this thesis further expounds various types of guardianship of minors, such as legal guardianship, probate, commissioned guardianship, and so forth. And the detailed types of minors are reclassified from the perspective of willingness sources of guardianship. Moreover, a logical framework chart of the designated guardianship system of minors is constructed in this thesis.Part two, the author of this thesis sorts out related laws and regulations of the designated guardianship of minors and comments on our current designated guardianship system of minors from the point view of content, legislation, practice, etc., such as the analysis and evaluation of related content in General Provisions of the Civil Law, Law on Compulsory Education, Law of Adoption, Marriage Jurisprudence, and The Law on Protection of Minors, and so on.Part three is a conclusion based on the analysis of the first two parts. The author points out the issues and shortages existing on the aspects of legislation, judicature, legal operation, etc. of the designated guardianship system of minors through the analysis of the cases in various regional courts over the years and the conclusion of current laws and regulations on the designated guardianship system of minors. Furthermore, the author puts forward several appropriate legislative, judicial recommendations. For example, specific operation procedures are given in this thesis to improve the designated guardianship system of primary minors on the aspects of establishment, cancellation, change, etc. And the guardianship information of minors should be archived and the authorized guardianship should be presented in written forms. After all this work, a brief proposal draft of the designated guardianship system of minors should be presented.