Study On The Qualifications Of Guardians Of Minors In China

It is a legal qualification that the subject of civil legal relationship should have,and it is also an inevitable requirement of the principle of the best interests of minors.It is conducive to the selection of guardians,to the minor guardian to perform the duties of guardianship,and to the protection of the legal rights and interests of the ward.However,the general Provisions of “The Civil Law ” in China only stipulates that the guardian should have the "guardianship ability",but does not specify the qualification standards that the guardian should have,nor does the newly promulgated“Civil Code” stipulate this in the marriage and family code.Obviously,the guardianship ability cannot be equal to the guardianship qualification.From the more than 100 cases involving the custody of minors,the reasons for the determination,change and revocation of guardians are not only the question of guardianship ability,but also the moral character of the guardian,the subjective will of the minor,the sense of responsibility and the objective age.In judicial practice,there are many cases where drug abuse,gambling,long-term drinking habits or persons who have been imprisoned act as guardians of minors,and there are also a large number of infringements by guardians against the acts or omissions of the guardians,including violent injury,abuse,abandonment,sexual assault,betrayal of the guardian,etc.,or the failure of the guardian to perform or neglect to perform the duties of guardianship.Organizations and social institutions will have problems of lack of professionalism when they assume guardianship duties on minors.It is precisely because the legislation lacks the specific provisions on the determination factors of guardianship ability,the lack of positive qualifications and negative qualifications of guardians,so that a large number of unfit subjects become the guardians of minors,resulting in the right to the guardian’s personal rights,property rights,personality rights and the right to education and other legitimate rights and interests have been infringed,indirectly produced "de facto orphans" the problem of "child neglect" is exacerbated by the problem.In order to better implement china’s guardianship system and effectively protect the legitimate rights and interests of minors,the State Council should formulate administrative regulations to guide the implementation of the guardianship system and refine the qualifications of the guardian of minors: for natural guardians should specify in detail the identification factors of their guardianship ability,and clarify the requirements for the moral quality of guardians,Set the upper age limit of guardians,increase the negative qualificationsof guardians,non-natural persons should set up special guardianship functions,increase the professionalism of guardianship,for the main government of state guardianship should increase its financial support,other social organizations should have rich support of people,talents,materials,and expand the scope of non-natural person guardians.To study the qualification of the juvenile guardian,to clarify the qualification conditions that the guardian should have,to screen out the appropriate guardian for the minor,and to improve the quality of guardianship.When different subjects act as guardians of minors,there are clear qualification conditions and strict regulatory methods,in order to truly establish a "family guardianship as the basis,social guardianship as a supplement,state guardianship as the bottom" with Chinese characteristics of the minor guardianship system.