Discussion On The Improvement Of The System Of Juvenile Guardianship Supervision

Originated in Roman law guardianship system experienced after 2000 years of development has become an important institution in the modern civil law system. As a typical private civil law, in the pursuit of justice in a more modern legal background, have tended to focus on the protection of personal property from only the relationship of equality between subjects focus on protecting the legitimate rights and interests of vulnerable groups in society, laws to protect vulnerable groups in society are more inclined conducive to the stable development of a harmonious society. Minors are the future and hope of a nation, they themselves have an independent legal personality in the process of growth, which is never capacity for civil conduct this process of transition to full civil capacity, since the psychological and relative deficiency physiological aspects of its own is not a good deal of their own personal property rights, which necessarily require minors need to have the guidance and care of a guardian. Minors under guardianship of the state relative to the guardians of the vulnerable party, together with the country on the legal guardianship of a greater emphasis on the obligation of guardianship. So guardian of frequent monitoring is not in place or guardians phenomenon exists negligence, resulting in the Guardianship of Minors by state in a very disadvantageous position or because of lack of proper guidance and guardians road toward crime, based on the above analysis, we can also obtain the status quo there is a big loophole Minors our supervision. In a nutshell is imperfect legislation and oversight of Guardianship of Minors without supervision feasible measures. Therefore, this paper attempts to analyze the origins of the guardianship system derived supervised guardianship background and relevance, and through monitoring and supervision system of extraterritorial legislation compare results advanced monitoring system of guardianship legislation and legislative shortcomings can learn from experience, and finally combined with China’s actual conditions put forward a series of comprehensive monitoring system of Minors recommendations. In advocating a more substantive justice in today’s society, many social scientists and jurists have called for the Improvement of Minors supervision system, protect the legitimate rights and interests of minors. Minors perfect monitoring system is in charge of the historical mission of revitalizing the Chinese nation, legislative oversight of Minors also be able to play an active role in the preparation of the Civil Code.