Study On Guardianship Of 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.In our country,because of parents control system and the rule of law relative autonomy impacting on the protection of minors,the Guardianship of Minors,in large part,derived from community or customary practices,the provisions creates a rough,general,lack of operability practice.The Guardianship of Minors legislation should be some provisions and it doesn't provide the content,some of the changes do not change as the content do.Therefore,in the face of many new phenomena and trends in international legal practice,the current system can not meet the new forms of custody.By researching for the basic content and comparing study of the Guardianship of Minors system,this article emphases on discussing the disfigurement and shortage of the Guardianship of Minors system of our country.This article contains four parts.Part one:overview of Guardianship of Minors system.,This part gives a general overview of nature,functions,and characteristics of the system.Part two:the comparisons of Guardianship of Minors of other countries.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.Part three:my Minors system requirements and inadequate.Although my 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.Part four: recommendations to improve our system of the Guardians of Minors.