A Study On Juvenile Tutelage System

The healthy growth of minors is related to the development of human society and the future world. Each country, various governments, specialists and scholars attache great importance to juveniles’ realization of survival, protection, development, participation and other rights and development demand. With the development of our country’s economy, the progress of the society, the status of minors in family, society and nation is greatly improved. But unattended minors, minor vagabonds, migrant minors, prisoners’ underage children and other special types of minors are increased and which cause many deep-seated social problems. The shortcomings of the traditional pattern of minor guardianship is increasingly apparent along with the change of family structure, family relationships and family function.Tutelage is a public law. It is the responsibility of a country to protect its citizen. The protection of the weak and the maintenance of public benefits are the functions of a country, a country must undertake the legal obligation of guarantee the basic life of the weak because of minors’cognition deficiency. At present, The General Principles of the Civil Law is the basic law of juvenile tutelage system, and The Protection of Women’s and Children’s Rights, The Law of the Protection of Juveniles, The Law of Preventing Minors from Committing Crime, and The Tort Liability Law are the complement to the laws about the juvenile tutelage system. However, due to the historical limitation, legislative thought is of great private law limitation. The lack of the national legislation on juvenile tutelage shows that the established laws are not able to give sufficient protection for minors’legal rights. The intervention of public power is particularly prominent and important for juvenile tutelage.In a word, this paper bases on juvenile tutelage and explores the connotation, nature and classification of tutelage from the angle of the intervention of public authority and forms the viewpoint that the individuals, organizations and official missions should protect the personal and property safety of juveniles and the protection of the juvenile should under national supervision; This paper points out the present situation and problems of the legislation of juvenile tutelage. These problems are listed as following:Legislative thought is of great private law limitation, the ignoring of the principle of the best interests of children, and bad maneuverability of the present legal system in judicial practice; The problems exist in Special minors’ growth in Chin, the change of family structure; respect and protection for minors in various countries, the necessity of public power intervention in juvenile tutelage are all points out by analyzing the actual problems caused by economic society development. Civil right theory and national responsibility theory support that a country has legal responsibility for juvenile tutelage and has the right to intervene family autonomy. On the issues of juvenile tutelage system, the author consults a great deal of literature and datum and relevant government departments and analyses related literature and national conditions. The author references foreign experience and proposes specific measures for the intervention of public authority. We should change our legislative ideas, persist the principle of the best interest of children and the principle of national responsibility, adds specific stipulation for supervision mechanism for juvenile tutelage. At last, the author gives suggestions for juvenile tutelage.