Guardianship Of Minors System

Guardianship of minors system originated from Roman law, and now has been established as an important legal system of modern countries ruled by law after continued development. Since minors are limited to their own shortage of capacity, their guardians have to care of their person and property, which is necessary for minors'own survival as well as for society's continuing development.Guardianship of minors system was first established to protect the interests of the whole family by paterfamilias'caring of family members whose person and property should be under guardianship. However, the'family-oriented'concept of guardianship of minors system has been gradually replaced of'guardians foundation'concept. In the guidance of the change, countries have amended guardianship of minors system so as to emphasize best interests of the minors under guardianship from different degrees as well as stress the principle of giving priority to minors and the upbringing, education, care obligations by the parents of minors.Therefore, the modern sense of the guardianship of minors is a private law duty of guardians to care of minors'person or property to their interests, which is under the normal based on the relative status, includes rights as well as obligations and enjoys social welfare nature. On December 29th.2006, Law of the People's Republic of China Law on the Protection of Minors was revised 2007 and has gone into effect on June 1st,which means our country attach importance to the protection of minors. However, compared with that, guardianship of minors system, the most important and the basis of the legal system in the protection of minors, was established in accordance with the social conditions of the 1980s, which leads to many loopholes of the existing guardianship of minors system.In regard to the existing guardianship of minors system, the responsibility of guardianship of minors shall be assumed by the family, relatives are the major guardians candidates who shall assume the responsibility of guardianship of minors according to the same order as that of the support obligation between relatives. Countries rarely intervene in guardianship of minors, resulting in the loss of their responsibilities. The content on the provision of guardianship of minors system is relatively general. The occurrence and termination of guardianship relationship, the specific content on guardianship services and the responsibility of guardians are not clearly defined.It is clear that the current guardianship of minors system has been no longer meet the current needs of the community, which shall be amended and improved in accordance with the modern concept of the guardian. However, considering China's status quo, it is unnecessary and impossible to transit immediately from the traditional'family'concept of the guardian to'minors individualism'and the'national'of the concept of guardianship.Parents and other relatives shall still assume the responsibility of guardianship in China. But China shall appropriately intervene through special supervisor for guardianship, and gradually set up a special governmental guardianship agencies at the same time, which shall be the final protection for the guardianship of minors with social welfare agencies,in order to establish a family-oriented minors guardianship system with government appropriately intervening and participating.