Study On The Improvement Of China’s Guardianship Supervision System For Minors

With the increasing protection of minors in China,the trend of public authority intervening in the guardianship of minors has become more and more obvious.In recent years,China has revised and promulgated a series of laws related to the protection of minors and made more specific provisions on issues related to the guardianship of minors,but the guardianship supervision system of minors in China is still in its initial stage and there is a big gap compared with the perfect legislation and complete supervision system of guardianship supervision of minors in foreign countries.On the premise of clarifying the concept of guardianship supervision of minors and examining the history of the guardianship supervision system of minors,this paper compares the current situation of guardianship supervision of minors in China and analyzes the shortcomings from the perspectives of subject,scope and object,and finally makes suggestions on how to improve the guardianship supervision system of minors in China on the basis of the basic principles of guardianship supervision of minors.The body of this paper is divided into four parts.The first part is the basic theory of guardianship supervision of minors.Firstly,the connotation of guardianship of minors and guardianship supervision of minors in the context of this paper is clarified,followed by the historical evolution of guardianship supervision of minors from family-based to public intervention and from individual to social responsibility.The second part is the current situation and deficiencies of the guardianship supervision system for minors in China.Firstly,the current situation of China’s guardianship supervision system for minors is sorted out from the compulsory reporting system,the relevant system in criminal cases involving minors,the family education guidance system,and the supervision system for daily guardianship performance;secondly,the shortcomings of China’s current guardianship supervision system in terms of supervision subjects,system implementation,supervision scope,supervision objects,and supervision consequences are analyzed.The third part is the basic principles for the improvement of China’s guardianship supervision system for minors,namely,the principle of maximizing the interests of children,the principle of proportionality under the theory of parental authority of the state,the principle of all-stage coverage and the principle of distinction,and the improvement of the guardianship supervision system for minors in the following part will be based on these four basic principles.The fourth part is the improvement path of China’s guardianship supervision system for minors.First,the idea of constructing a working model of "multiple supervision + specialized supervision + special supervision" is proposed;second,improvement measures are proposed for the problems in the existing working mechanisms of mandatory reporting,criminal cases involving minors and family education guidance;third,the establishment of a whole-process supervision mechanism is proposed on the basis of the principle of whole-process coverage.In addition,it proposes the establishment of a public guardianship registration system,strengthening the guardianship qualification examination system,standardizing the workflow,setting indicators,checking work logs,and establishing reward and punishment mechanisms for the daily real-time supervision by bringing into play the grassroots forces;secondly,it proposes broadening the scope of guardianship assessment targets,exploring scientific guardianship assessment methods so that graded supervision can be achieved after guardianship assessment.Finally,the implementation of classification supervision,distinguishing the intervention efforts of different guardianship subjects,prudently withdrawing parental guardianship,and strengthening the supervision of property management of non-parental guardians.