On Our Guardianship System For Minors

One of the important components consisting of the guardianship system in the civil law includes guardianship system for minors, which is aimed at protecting life, property and other lawful rights and interests of the minors having no capacity for civil conduct or with limited capacity for civil conduct, and maintaining the normal order of the society. For several reasons, this lately developed system, although has shaped certain characters and with systematic contents, still has many legislative flaws both in legislative rules and specific contents. With the change of the society and complexity of marriage, family and guardianship, this system is increasingly seen lagging behind the actual need of the social development of China and even lagging behind the development of protection cause for children.Based on assurance of the interest of the minors and with a view to perfect guardianship system for minors, this essay lays emphasis on discussing the existing imperfections in three respects which include, first, those existing in the mode and rules of legislation, secondly, historic limitation in guiding ideology over legislation and thirdly those existing in specific contents through reviewing and analyzing its basic contents, comparing respective systems from two law families and using it for reference. In response of the reality of our state,...