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Research On Supervision System Of Minors Guardianship In China

Posted on:2016-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:R X WangFull Text:PDF
GTID:2296330464451830Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Minors supervision system is to protect the interests of minors as the fundamental purpose of monitoring the behavior of guardian supervision and intervention system. Our current system is not only lack of standardized systems and professional terms, but also short of operable,lags in protecting the rights and interests of minors.The mionor supervision system improve and perfcet needs to re-understanding of basic concepts and re-sort system, abandon old ideas.By comparing the reference legal practice in Western countries and China’s Hong Kong, Macao and Taiwan regions’ related systems,preliminary findings of the current supervision system are quite different in its legislative concept, system and measures, highlighting the current system of protection is not the presence of defects in terms of adult interests. The interests and rights of minors subjected features includes long duration, hidden and so on.It highlights the current system of protecting the rights and interests of minors defects.And it suggests that the old legislation did not pay attention to the guardianship of minors, guardianship of minors have been stranded in the private domain areas. All matters related to minors,through the influence of traditional family values, are determined by guardian. Secondly, the existing system focus too much on the surface in the form and lack of substantive provisions. System is not only scattered,but also the lack of relevant terminology. Again, Legislation technological is not standardized, content omissions, lack of specialized oversight body, the lack of earlier guidance, the incident report monitoring measures and so on. Finally, in the actual operation of the supervisory system in guardianship, lack both start monitoring procedures,but also the lack of relief program for custody and disputes.The mionor supervision system improve and perfcet needs on basis of to the law of the realities of the actual status as the research foundation,learnning from the Western countries and China’s Hong Kong,Macao and Taiwan regions’ related systems theory, the formation of legal system in line with our reality. Minors supervision system should determine custody under supervision, monitoring supervisor and minors oversight safeguards and other related content. Therefore, protecting the interests of minors, the minors supervision system improve and perfect is an inevitable trend.
Keywords/Search Tags:Minor, Guardianship, Supervision of Guardian
PDF Full Text Request
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