Research On The National Guardianship Of Children Without Parent

De facto unsupported children,also known as de facto orphans,because this type of subject lacks the effective guardianship of legal guardians,especially parents,and is in fact in a state of unsupported,unlike the nature of orphans,the objective existence of guardians makes them not regarded as orphans in the legal sense,and therefore cannot be rescued by the state’s policies related to the protection of orphans,resulting in this group being left out of the scope of research,so it is very important for us to study the protection of the rights and interests of de facto unsupported children.At present,the help of neighbors and relatives is one of the important ways of providing assistance for the survival and development of children who have no one to support them,and the protection of government and social organizations has obvious deficiencies in both system operation and financial assistance.Based on this,the guardianship subjects of de facto unsupported children should be focused on research,and the rights and interests of de facto unsupported children should be protected by improving state guardianship.It is found that the state has the following problems in protecting the rights and interests of de facto unsupported children:insufficient policy implementation,insufficient government subsidies,and lack of judicial remedies.The central causes of the these issues contain:The effectiveness of policy implementation is insufficient,and the low legal effect of the normative documents that have been issued to protect such subjects;Second,government subsidies are not in place,and the supply of relief funds cannot meet the economic needs of children who have no one to support them;Third,the cultural foundation of state guardianship is weak.This paper disputes that all-round protection of the legitimate rights and interests of de facto unsupperted children,it is first necessary to improve the legal provisions on de facto unsupported children and build a systematic state guardianship system:set the eligibility conditions for state guardianship and social guardianship,clarify the procedures for initiating state guardianship,and improve the mechanism for withdrawing from state guardianship;Second,establish a systematic guardianship and supervision system:improve the rules for the selection of supervisors,enhance the supervision instrument of procuratorial organizations,and elevate the operation system of the obligatory reporting system;Finally,establish a multi-subject collaborative protection system,establish a platform led by the government,with grassroots organizations,social organizations,and market entities jointly participating in protection,and comprehensively and effectively protect the rights and interests of de facto unsupported children.