A Study On Guardianship Of Minors

Guardianship of Minors is a basic legal system ,which protect minors'interest.The purpose of the system is to protect the minor's person, property and other legitimate rights and interests, and ultimately maintain the normal social order.Guardianship of Minors is a legal system that the guardian of the minor's person, property or other legitimate rights and interests protection and supervision. Secondly, author introduces four different views, including theory of rights, theory of obligations, theory of integration of rights and obligations, and theory of responsibilities, of the nature of the Guardianship of Minors in the academic world. These views have their own reasonable, but the view of this article is that Guardianship is a kind of obligation as the center of social rights, and explained why. Thirdly, the author analyzes the content of GMO, specifically including the personal care of minors and protection of minors, property management and agency for civil conduct. Finally, this chapter clarifies the function of guardianship of minors, including protecting the legitimate rights and interests of minors, adding capacity for civil conduct, the function of maintaining social transaction security and social security functions.The monitoring system originates in Roman law. In Roman period, guardianship is designed for people with complete right, and its purpose is to protect the property interests of the family. Guardianship of minors in Civil law countries is inherited from and developed of the Roman law of guardianship system, which then affected Guardianship of minors in common law countries. However, in modern times, national GMO legislation has undergone great changes. The author selected in two legal representative of the countries - France, Germany and Britain, the United States Guardianship of minors to analyze the evolution of legislation. Section II based on the analysis in the first quarter of minors guardianship system to summarize the development of the law. I found that, development to the present, there are two rules in Guardianship of minors'evolution: one for parental authority and Guardianship of minors growing convergence of the substance; one for guardianship for the minor trend of significant public law.The third chapter is tend to introduce and analysis the current system of Guardianship of Minors in our country. Firstly, it introduces our current system of minors'guardianship, whose content specifically includes the establishment of Guardianship, responsibilities of guardian, the modification and termination of guardianship. Secondly, the article makes a comment on our current Guardianship system then points the main deficiency, and depth analysis of them. The main deficiency of our current system is reflected in these aspects: lacking of the establishment of methods for guardian of a minor, provisions on the third order guardian being not appropriate, imbalance of rights and obligations of guardians, lack of effective monitoring mechanisms and accountability mechanisms.The fourth chapter is to improve the system of the present proposal Minors. First of all, make our country great Guardianship should adhere to parental authority and guardianship unifying Legislation, basis rather than ignore the reality and future trends, to force the introduction of Parental Rights, then explains the reason. Secondly, the improvement of our current GMO legislation should follow three basic principles. They are the principle of best interests of minors, parents, the principle of relatives and national responsibility and national trinity positive guidance on the Guardianship, the principle of intervention and supervisions. Section II is named specific recommendations of the Guardianship of Minors in our country. Specific recommendations include improving the establishment of increase means of the Guardianship of Minors, grass-roots organizations to change the functions of the Guardianship of Minors, balance of rights and obligations of guardians, establishing an effective monitoring system and establishment of a national Guardianship system for Guardianship.