Research On Guardianship System Of Minors

The minor guardianship system is not only an important civil law system, it is a security system to protect the rights and interests of minors.Its aim is to protect the incapacity and restricted capacity for civil conduct of minors of the person, property and other legitimate rights and interests, safeguard the healthy growth of minors, maintain the good order of society, improve social welfare distribution. With the human pursuit of equality, freedom, human rights concept, and put forward the concept of the welfare state, the concept of children’s rights and the principle of the best interests of minors has gradually emerged and established.As a basic system to protect the rights and interests of minors, guardianship of minors system should be perfected with the development of the times.The world’s major developed countries pay much attention to minor custody issues, from the legislative idea to the specific legal provisions to optimize update, various guarantee minors rights continues to strengthen, and showing a national public power deeply involved in guardianship.As for our country, the current system of guardianship of minors has established a basic legal framework, to the certain positive role in the protection of minors, but apparently it still exist many problems.With the social change, marriage, family and guardianship is becoming more and more complicated, especially highlights the actual needs of guardianship system for minors in China lags behind the development of Chinese society.This paper is based on the actual situation of guardianship system for minors in China, starting from the improvement of guardianship system for minors in China, on the basis of minors guardianship system related content study of two genealogy of law, analyses defects of guardianship system for minors in China, and finally puts forward the idea of perfection of guardianship system for minors in china.The first chapter is an overview of the system of guardianship of minors, it mainly elaborates the concept of guardianship system for minors, the nature of guardianship system for minors, and significance of the establishment.First of all, tells the story of the minors guardianship system concept, origin, evolution. Secondly, by listing the academic nature of the minors guardianship system point of view, put forward this article’s understanding on the minors guardianship system’s nature.Finally, summarizes three aspects of the establishment of the system of guardianship of minor’s significance. The second chapter is the comparative study on the typical countries of continental law system and Anglo American law system countries.For a detailed examination of this chapter of France, Germany, Britain, Australia, America minors guardianship system, and points out their respective characteristics of countries in the minors guardianship system.We hope that, through the depth of interpretation and analysis of minors guardianship system in the five countries, in the comparison, we could more strongly know and reflect the guardianship system for minors in China status.The third chapter is the analysis and reconstruction of the minors guardianship system.Firstly, we launched a comprehensive exposition on the status of guardianship system for minors in China.Through the understanding of the situation of legislation and specific content, and then we review the various defects of guardianship system for minors in China.Finally, we propose a reconstruction of the minors guardianship system in three aspects, including update the guiding ideology of Legislation, strengthen and perfect the system content, the introduction and implementation of state responsibility,and so on.