A Research Of The Guardianship Of Minors Substantive Legal System

Influenced by traditional ideas, in China for minor guardianship system started late. In the cultural heritage since ancient times, parents’care for their children is only for procreation, branches and leaves for the family. Cause our country later guardianship legislation bias in right state, children to parents is the right accessories, parents of minors have the absolute right to discipline. Resulting in parents or guardians against minors rights and even abuse, abandonment, traded minor things occur from time to time. Although now in China set up a corresponding monitoring system, but on the guardianship system legislation is still fuzzy, rough, even though the recent increased gradually with the increase of the provisions of the new law, China’s current system of guardianship of minors from the legislative style to the specific content of the system still exist many legislative defects. Under the new social conditions for economic development, the problem more and more.This paper is based on the status, based on the monitoring of the problem, the system to explore the relevant system design.This paper is divided into five chapters, the main contents of each chapter are as follows:The first chapter is the introduction, which mainly introduces the background, significance, literature review and research methods. Specify the connotation and extension of the second chapter is mainly about the concept and the current relevant laws and regulations.2, this essay first summarizes the origin and development of monitoring. Thirdly, to the custody transfer. Custody revocation related concepts. (4) and domestic in mainland China, Hong Kong. In Taiwan, for example, foreign to the United States, Japan, Germany, Britain, for example, the specific Chen stated in Chinese and foreign not adults custody transfer and cancellation of the relevant provisions of the law.The main performance in China and to distinguish between parental authority and guardianship, custody of their parents and others to guardianship of minors confused between biological parents, belittle and children blood ties; in terms of the custody transfer, the transfer provisions of the principal relatively simple procedures, the transfer of the resettlement program is not standard, the guardian of the order are not detailed; the guardianship revocation, the lack of mechanism found against the interests of minors behavior, the revocation procedures, minor personality interests are not effectively protected, at the same time. Guardianship revocation conditions is not clear, to care what kind of behavior belongs to guardianship dereliction of duty or not as problems such as the lack of evaluation standards.The fourth chapter focuses on the analysis of not adults custody transfer and revocation system of basic principles. This paper according to the international practice, combined with our legislation, judicial practice proposed minor benefit maximization, respect the wishes of minors, the welfare state support the three basic principles of social organizations in their care.The fifth chapter is the focus of the whole paper and highlights, in the first four chapters analysis discussion based on the proposed to perfect the adult custody transfer and revocation system specific recommendations. (1) It is necessary to establish paternity system that will distinguish between parental custody and the third party has the right to custody, focused look at to be the difference between parental authority and guardianship, custody of the parents referred to the proper height. (2) Legislative design to comprehensive through the guiding ideology of state intervention, through government intervention has not yet been determined adult guardianship supervision and protection measures, the establishment of monitoring system and special guardianship supervision organization to report. (3)Requiring minors entrusted to transfer procedures and conditions, for commissioned content to make certain restrictions, to ensure the transfer of the legitimacy and rationality; (4)improve the specialized social organizations as the guardian of the provisions, this paper argues that shall cancel the unit or village committee will Guardian status, re establishment of new social organizations, such as special youth management mechanism to represent the state as public guardian; (5) guardianship sequence introduced "cohabitation" qualification, "and the guardian perennial cohabitation" as the guardian selected priority conditions. (6)Revoking custody procedures in give priority to the protection of the the personality and dignity of minors, avoid minor subject to secondary damage; (7) to refine the cancellation judgment standard; (8) clear temporary receivership system in a custody transfer and revocation of clearance, but also to allow minors to get good protection; (9) established a short-term foster and long-term foster family system, allow minors to before being adopted, and adoptive families experience a period of time. (10)Setting up specialized juvenile shelter educational institutions.