On The National Guardianship System Of Minors And Its Improvements In China

This article starts with the classic case of the disqualification of guardian,introduces the basic case,the result of trial of the case and the significance of the trial of the case,which leads to the question of what is the national guardianship and how to maximize the interests of unaccompanied minors in the absence of relatives guardianship,and so on.Civil law countries and common law countries have different levels of public-law intervention on the guardianship of minors,and the ministerial guardianship of the public has become an international consensus.Guardianship of minors is a kind of responsibility in nature.From the types of guardianship,it can be divided into legal guardianship,commissioned guardianship,public guardianship and national guardianship.The national guardianship system for minors refers to the guardianship system that is funded by the state and on behalf of the state to establish a certain organizational structure to protect the legitimate rights and interests of minors when the guardianship of minors is lacking and misplacing.The transition of the guardianship system of minors and the public legalization of guardianship are the theoretical foundations for constructing the national guardianship system for unaccompanied minors.At the same time,the principle of respecting minors,the principle of maximizing the interests of minors and the combination of family autonomy and state intervention supervision should be followed in the construction of the guardianship system for minors.The General Rules of Civil Law,which was implemented in 2017,systematically stipulates the guardianship system and reflects the latest development trend of the modern guardianship system.However,due to its principle and lacking of maneuverability,there are still some problems.For example,there is a lack of effective preventive intervention and alternative resettlement measures for guardianship of the family;the guardianship and guardianship responsibilities of guardians and the provisions on temporary guardianship are not sufficiently specified;and the lack of a guardianship supervisor system and an effective national guardianship system can all be used.Therefore,in the process of building and improving the national guardianship system for minors in our country,we put forward the following suggestions.First,we should construct prevention and intervention measures for family guardianship.For example,counseling on family values and family education is conducted at the time of marriage registration;counseling service for family education and guardianship is provided by minors' protection agencies;evaluation of family custody by professionals and establishment of village(neighborhood)committees Follow-up system.Second,to establish and improve the specific rules of custody.Including the ability to clearly guard and specify the guardian's qualifications,the guardianship of the custody of specific responsibilities and improve the system of temporary guardianship requirements.Once again,the establishment of guardianship supervisor system.For example,the establishment of custody supervisors and a clear supervision of the duties of supervisors;the establishment of public authority supervision agencies,the people's procuratorate exercises supervision powers.Finally,to improve the national guardianship system.Including general custody supervision,state relief supervision and national subrogation supervision.From these four aspects,we should perfect the national guardianship system for minors in our country.Based on the principle of maximizing the interests of minors and combining with the physical and mental development characteristics of minors,we should construct the parental guardianship and the social guardianship supplement as well as the national guardianship for the relief guardianship system.