Study On Legal Issues Of Temporary Guardianship System For Minors

Temporary guardianship of minors is an important part of China’s current Civil Code,and is also a legislative priority of China’s Protection of Minors Law,which fully demonstrates the importance that China attaches to the protection of the legal rights of young people and to the construction of the national guardianship system.However,with the frequent cases of "lack of guardianship" in recent years,coupled with the outbreak of many similar incidents after the new crown incident,it shows that the guardianship system in China has a big problem.According to the current provisions of China’s temporary guardianship system and the above-mentioned status quo,the legal system of temporary guardianship of minors in China is not sound,which also leads to a series of problems in the actual operation of the system in judicial practice.Therefore,this thesis is based on the basic theories,development trends and theoretical studies related to the temporary guardianship system of minors to organize and analyze the current problems of the temporary guardianship system of minors in China,and try to provide some specific suggestions for the establishment and soundness of the temporary guardianship system in order to better help solve the problems related to the implementation of temporary guardianship.The main content of this paper consists of five chapters,and always focuses on the special subject of minors,the effective protection of the legitimate rights and interests of minors,and the establishment of a sound temporary guardianship system for minors in China.The first chapter is an overview of the temporary guardianship system for minors.In this chapter,the author gives a more comprehensive exposition of China’s temporary guardianship system for juveniles and analyzes the relevant concepts,types,nature and value of the system.The relevant concepts,classification criteria and types of the temporary guardianship system for minors;the relevant nature features possessed and the values possessed by the system are elaborated.Chapter 2 analyzes the temporary guardianship system of minors in China before and after the promulgation and implementation of the Civil Code,and finds that the system is gradually moving towards a gradually improved and sound system,and such a trend is in line with the development of China’s times and the law of legislation.Chapter 3 analyzes the current legislative status of temporary guardianship of minors at home and abroad,and finds that the provisions of China’s temporary guardianship of minors system are fragmented,showing the trend of several laws working together to build the system,but comparing the Anglo-American and civil law systems,we can still find the backwardness of China’s temporary guardianship of minors system.The author hopes to learn from the foreign temporary guardianship systemfor minors in order to explore more deeply the improvement of China’s temporary guardianship.Chapter 4 summarizes a series of problems arising from the temporary guardianship system for minors in China today in the light of the current situation,and analyzes the main problems faced by the development of the system and the reasons for them,which are generally in the substantive law and the lack of a sound system leading to some problems in practice.Chapter 5,based on the main content of this paper,the author provides some constructive opinions for further improving and refining the temporary guardianship system through the analysis of these problems in terms of substantive law,implementation procedures and supervision system.