On The Guardianship Of Minors In China

One of the important components consisting of the guardianship system in the civil law includes guardianship for minors,which is aimed at protecting life,property and other lawful rights and interests of the minors.Because minor's growth and protection of rights and interests are closely linked with the guardianship system Therefore, this article author has chosen "On the Guardianship of minors in china" as the achievement studies of the minor rights and interests protection.From discusses the minor rights and interests safeguard question to the minor guardianship system aspect.The contemorary countries all over the world pay close attention to the protection of interests of disadvantaged groups such as minors and mental patient very much. The guardianship system should be improved and to a certain extent become the country and social public affairs from family's internal affairs. In order to ensure the legitimate rights and interests of minors and the mental patient,the law of our country has stipulated clearly the guardianship system.The main regulation of guardianship system of our country is in section two of'General Rule of the Civil Law of the People's Republic of China",the Supreme People's Court has made additional regulations.Although our country's minor guardianship system had already formed the basic legal framework and the system, The minor guardianship system in our country seems more or less excessively principled and in general while compared with foreignal law system. Moreover along with social development and the changment of social life, certain regulations are no more able to fit in with the new situation. especially for the lack of care and caused serious social problems by state law does not grant the relief in place, In the last few years,the increasing number of phenomenon,consisting of illegal activity and criminal offense, going away from home, discontinuation of studies, streets wandering and begging reflected defects of the minor children's guardianship system to a certain extent. By researching for the basic content and comparing study of the Guardianship of Minors System, the article emphases on discussing the disfigurement and shortage of the Guardianship of Minors system of our country. The article contains four Parts:Part one:overview of Guardianship of Minors system.lt gives a general overview of nature, functions,and characteristics of the system;The second part talked about our country present minor guardianship system's present situation and the existence problem analysis,Although our Guardianship of Minors system provides custody type, guardian, guardianship content,the change custody, guardianship monitoring,and termination of guardianship content, they are too principles, abstract, difficult to grasp in practice. The third part has carried on the comparison and the inspection to two big legal system major country's minor guardianship system,This chapter introduces minor's guardianship system of the typical civil law countries German, France, as well as British and American minor's guardianship system.It has carried on the summary to these two big legal system guardianship system's trend of development;The fourth part put forward the simple proposal to our country minor guardianship system's legislative consummation. The author thought that must under the macroscopic legislative principle instruction, the discrimination guardianship and the parental authority, consummates our country minor guardianship system's related content, establishes the national guardianship system, the advancement guardianship public law and the socialized development.