On The Construction Of Juvenile Guardianship And Supervision System In China

The nature and characteristics of the guardianship of minors determine the necessity of setting up a guardianship and supervision system in our country.The establishment of a guardianship and supervision system for minors can detect and stop guardian infringements in a timely manner and prevent guardians from abusing their guardianship.Because the regulations on the guardianship and supervision system of minors in Civil Code of the People’s Republic of China are relatively superficial,it is necessary to establish a guardianship and supervision system for minors that is compatible with our country’s minor guardianship system as soon as possible.The theoretical basis for the establishment of the juvenile guardianship and supervision system comes from the national parental power theory and the principle of maximizing the interests of minors.Constructing a sound supervision system for minors has far-reaching theoretical and practical significance for ensuring that the juvenile guardianship system realizes its due functions and strengthening the supervision and management of minors.In recent years,due to numerous drastic amendments to the guardianship of minors in the field of legislation in our country,it is feasible to establish a system of guardianship and supervision of minors in our country;in terms of the main body of guardianship and supervision,we should learn from the main regions of the two major legal systems.In contrast to the state’s guardianship and guardianship intervention model,we classify the subjects of guardianship and supervision of minors in China.Specifically,they should include three categories: guardianship and supervision subjects of state agencies,community guardianship and supervision subjects,and grid-based guardianship supervision subjects;In terms of supervision,attention should be paid to distinguishing the supervision of parental guardianship,supervision of other natural persons,and supervision of organizational guardianship.In terms of specific supervision measures,it should be based on the actual national conditions of our country,from the supervision and authorization of guardianship,and guardianship.The prevention and detection of violations,and the handling and evaluation of guardianship violations are used to refine and improve supervision measures;in terms of supporting measures for guardianship and supervision,it is recommended to establish a special family visit system,a minor special agent system,and a mandatory reporting system.Ensure the efficient and orderly operation of guardianship and supervision,so that our country’s juvenile guardianship and supervision system can be implemented.