On The Guardianship Of Minors System

With a specially appointed intension to care for, assist, educate and protect the minor children, guardianship for the minor children is an important portion of the state and social activity system regarding children's existence, protection and development affairs. It is also the basic law system and law relation radiated to the state law system and reflected to all aspects of civil law, and condensed in civil main part or marriage and family categories. It has afundant culture details and unique law attribute. Guardianship is an important civil law system. It means that the supervision and protection performed by the guardian in accordance with the law for the personal property and other legitimate rights and interests of the minor children and mental patients will be applied to protect legitimate rights of the incompetence or similar. Guardianship for the minor children is an important portion of the guardianship system. Lenience and execution result of this system will be related to rights and interests of the minor children, and their formation of noble character and achievement of education and knowledge, and can influence the development and future of the state and society. The minor children's guardianship system is an important civil law system which is related directly to the protection of minor children's legitimate rights and interests. As an important basic content in the minor children's legal protection system, in the last half century and more, the minor children's guardianship in China is sulstantially sulstantiated and strengthened continuously and in formally and gradually plentiful and on display. With to the present , we may well say that certain distinctive features and system contents have been formed instially . The minor children's guardianship system in our country seems more or less excessively principled and in general while compared with foreign continental law system and national guardianship system of Britain , USA and France . Furthermore while the society is reformed and developed , certain regulations are no more able to fit in with the new situation . Quite a lot of defects have been revtaled in practice , and a series of social problems has also occurred. In the last few years , the increasing number of phenomenon , consisting of illegal activity and criminal offense , going away from home, discontinuation of studies, streets wandering and begging reflected defects of the minor children's guardianship system to a certain extent, This paper has studied the basic system of the minor children's guardianship of our country from the point of view of civil law science, and has reviewed the historical development broad outline of the minor children's guardianship of our country, The present legislation situation of the minor children's guardianship in our country has been analysed and deficiency of the current minor children's guardianship system has been found. On this basis, the author has appraised the guardianship legislation of our country. Aiming at the perfectness of the minor children's guardianship system, the law sector has raised a number of theoretical thinking and proposals that are approaching common understanding. However , the angle of view is mostly laying particular emphasis on system establishment and filling up omission for the practical law problem of guardianship and is not much concerned in macroscopic basis orientation of the relevant legislation reestablishment. In order to fill up this vacancy, the author has raised rough ideas for the six regular patterns, five principles and five relations that should be gripped on legislation for china's minor children's guardianship system as the consideration direction of basic orientation. All teachers and colleagues are kindly requested to offige me with your respondences and comments.