Study Of The Guardianship Of Minors

As a special group ,minors are not mature in body and consciousness. So the custody to minors is not only an important factor to affect their healthy growth but also the spiritual essence of custody legislation. The earliest legislation on custody in our country is the civil law which was decreed in 1986 . Twenty years later,China has changed greatly in social life,economic structure, ideas and so on. The current laws on custody are difficult in solving some new questions in practice.For example,there are no corresponding system content and concret measures in the custody of the rural left-behind children. Custody legislations are lack of human care;There are some academic and practical issues on the ascription of guardianship and the attribution of responsibility after their parents divorce. The relationship is not clearly defined between custody and support,guardianship and visitation right and so on. These realistic questions need be discussed from a theoretical point of view in order to seek legislative breakthroughs and improvement. This article is divided into three parts.The first part, the custody of left-behind children in rural areas.We put forward the status and duties on trustee by introducing the current situation and problems of the custody of Left-behind children in rural areas. It is recommended to set up a more perfect system on entrusted custody and guardianship and supervision.The second part,the custody of minor after their parents divorce.Beginning with the principles of performing guardianship,we point out the weakness of our joint custody and recommend to combine sole custody with joint custody, allow the existence of a variety of monitoring methods ,which are based on the best interests of child.We have a selective analysis on the relationship between custody and support, indicate that they are two separate concepts after parents divorce.One of parents who has no guardianship should enjoy visitation right and take on alimony.The third part, the civil liability of person under guardianship inducing. In this part ,we focus on analysis about the duties of entrusted custody and guardianship after parents divorce,list some legal regulations on France, Germany, Japan and so on, ponit out the drawbacks of Chinese law by comparing. Minors should take on responsibilities according to their fault not their propery.