Research On The Guardianship Of Minors Of Detainees By Public Security Organs

Children are the hope of a family,the future of a nation.With the rapid development of China's economy,China's child welfare policies have been changing from traditional complementarity to moderate universal benefit,and the group coverage and security level of children's welfare have been constantly improved,mainly reflected in the fact that the survival status of distressed children has received more and more attention.However,due to various reasons,among the children in distress,the special group of minors whose parents are detained by public security organs haven't not get enough attention from the government,the public and the academic circles.Criminal suspects and administrative offenders are detained by the public security organs and subjected to legal sanctions,but their minors are innocent and their guardianship should not be ignored.For a long time,the legislation and mechanism of the guardianship system for minors in China is not very sound,which leads to some difficulties in the temporary guardianship or the transfer of custody of minors of people detained by the public security organs,making their guardianship rights and interests unable to be effectively protected.Once handled inappropriately,the case of "Li Siyi" in Chengdu in 2003 is likely to be repeated,which will put the public security organs at the forefront of public opinion.In practice,to prevent similar case of "Li Siyi" from happening again,the public security organs often relegate the custody measures to criminals when they are the sole guardians of the minors.Although this kind of practice can protect detainees' minors' s guardianship rights temporarily,the rigidity and authority of national laws and the principle ofequality before the law will face great challenges.What's more,some suspects and administrative violators use their underage children as their "Shield" to break the law,which is often beyond the reach of the public security organs.The guardianship system of minors whose parents are detained by the public security organs is an important part of China's child welfare system and the juvenile justice system.Consummating our country's minors guardianship system of detainees can not only protect the guardianship rights and interests of such special children group,but it also can ensure the public security organs function smoothly in cracking down on crimes.Around the world,the mainland legal system countries,such as Germany,Japan,and common law countries such as the UK.,the United States have attached great importance to the construction of minor guardianship system,and formed a set of mature and effective legislative,administrative,social and judicial operation mechanism,to ensure that the guardianship rights of minors can be fully guaranteed.Based on the definition of guardianship of juvenile children of the detainees by the public security organs,this paper introduces the conditions of minors of detainees by the public security organs in China and analyzes the existing loopholes in China's current legislative system and supporting policies,mainly taking District A of Shanghai as an example to introduce the practice and predicament of public security organs and social organizations in this area as well as analyses Shanghai's the exploration and innovation in protecting children in distress in recent years.Besides,the paper also introduces the theoretical basis of “parent of the nation”,principles and the beneficial experience abroad in the guardianship system of minors and discusses the necessity,and specific measures of perfecting the guardianship system of the minors detained by the public security organs in China.It is hoped that the study in this paper can contribute to the improvement of the guardianship system of children in distress,including the juvenile children of the detainees by public security organs,as well as the development of China's child welfare system and juvenile justice system.