| State becomes ultimate responsible protector for children,on the basis of which systematic protection systems get established.At present stage,the problems of minor guardianship emerge in endlessly in our country,and the tragedy of the damages suffered by the legitimate rights and interests of minors often occur.So it is necessary to reform the minor guardianship system administrative.The traditional minor guardianship system which depends mainly on the family guardianship becomes more and more inadequate for the need of social development,thus the function of state should be played and to intervention in minor guardianship from the national public power should be strengthened.Due to its own nature,the administrative power should play a leading role in the system of intervening in the guardianship of public minorities in China.After learning from the successful experiences of foreign guardianship interventions in relation to minor adult guardianship,this paper will analyze the necessity of exercising the leading role of administrative power in intervening underage guardianship systems in China,and further examine how administrative power is specifically implemented in custody management.The supervision affairs and how to undertake guardianship duties make a complete idea.This paper starts from the perspective of improper guardianship for minors,and divides improper guardianship into four situations according to the degree of the minor’s infringement:weak guardianship,difficulty in guardianship,lack of guardianship and guardianship infringement.Firstly,from a macro perspective,China lacks specialized administrative law enforcement agencies and professional working teams dealing with the custody of minors.From a specific point of view,for different cases of improper guardianship,the current executive power intervention has problems such as the absence of intervention,incomplete intervention,too rough intervention function,unclear intervention function and so on.Secondly,the author constructs a special administrative agency named the minor protection department,and clarifies its specific guardianship function.Finally,the author takes the established juvenile protection department as the main executive body,and puts forward detailed administrative intervention measures for four kinds of improper guardianship situations.Because the degree of the minor’s infringement is different,the administrative power’s intervention degree is also different.In addition,this paper chooses left-behind children and domestic abused children,two social phenomenon-level special minors,as the research object,to explore the characteristic administrative intervention system,which has reference significance for solving the guardianship problems of other troubled minors.By classifying different cases of improper guardianship and discussing the corresponding administrative intervention measures,the author can play a guiding role in the complicated guardianship of minors in social life.On the other hand,when studying the administrative power intervention in the guardianship of minors,we should pay attention to the analysis of the limits of administrative power intervention.Whether from the perspective of the public nature of the executive power or the principle of its exercise,the balance between the intervention of the executive power and family autonomy can be maintained to maximize the protection of the rights and interests of minors and avoid the abuse of the executive power. |
