Study On The Custody System Of The Special Groups Of Children

With the custody of the special groups of children as the object of the study, using the basic research method of the comparative and theoretical analysis, this thesis will make a study on the history of the custody and the law problems referred to the determination, exercise and realization of the custody of the special child. And the author is looking forward to proposing some suggestions on the establishment and improvement of the Chinese Law System of the Minor Guardianship.The first part is a summary of the custody. Through a historical investigation on the theory of the guardianship, the author found that the character of the custody had changed from power to right and responsibility. And the relationship between the guardian and the child also had evolved from unequal to equal. The Right and the Responsibility are the two major theories of the character of the custody today. However, the author suggests that the custody is a combination of power and responsibility with the character of the Family Law and Public Law at the same time.The second part will focus on the custody of the child whose parents have divorced. The author considers that the Best Interests of Children is the fundamental principle of the custody determination, and the visitation right is a limited means of the realization of the custody. However, the scope of the object of visitation right in China is too small that grandparents', especially the child's legal status of the object of visitation haven' been accepted by law. The author suggests that every child has the right to visit his parents, and therefore his legal status of the object of visitation right should be admitted and respected by law.The third part is about the custody of the child whose parents are underage. The author considers that the guardian's breach of duty and the minor's wrong value of life are the main reasons of the cause of underage mother. However, to the problem of custody determination, the underage mother is presumed to be the legal guardian of the baby unless she is sentenced to be an incompetent mother or she is considered to be against the best interest of the child. The underage father will have a visitation right of the baby. If he wants to get the same custody as the underage mother, he has to make an application to the court. Moreover the author will discuss the measures which should be taken when the custody is absent and the conflict between the custody and the Child-bearing Rights of minors.The fourth part discuses the custody of children left-behind in the countryside. Firstly, the author introduces the status of children left-behind in China, and finds that children neglect is the most important reason of the cause of this serious situation. Parents' responsibility is the first principle of the determination of custody. However, the Commissioned care could be an assistant means of the custody of children left-behind when it is absent.The fifth part is about the custody of street children. Through a basic research on the theory of social exclusion, the author concludes that the social exclusion, especially the family exclusion, is the essential reasons of the cause of street children. The Will of Children Principle, the Children-Oriented Principle and the Best Interests of Children Principle are the three basic principles of the determination of the custody. However, the country should validly deal with the conflict between the state custody and the self-determination of the child as well as plays a good role of state guardian of the child. Furthermore, the country should cautiously choose the application of compulsive salvation and voluntary salvation.The final part is about suggestions on the establishment and improvement of the Chinese Law System of the Special Minor Group of Guardianship. They are (1) Establish the Best Interests of Children Principle (2) Distinguish the parental right and custody (3) Establish the law system of state guardianship (4) Establish the law system of the abeyance, deprivation and resumption of the custody (5) Establish the guardian's liability system.