On The Guardianship Of Minor Property

The definition of minor’s property is the independent property is obtained by minors through labor remuneration, intellectual property rights, gifts and bequests etc. Minors’property should be equal protected as adults’. The best proctection form is guardianship. Property should be properly taked care of by minors’ guardians. Therefore, guardianship system is en effective carrier of protection of minors’property rights. Guardianship of minors’ property system is still a blank in China’s legislation.Through comparison with protection system of minor’s property in foreign courtries, author learns the successful experience from them and trys to constitute a new protection system of minor’s property which is available to China’s characteristic. The author is trying to break through the limitations in debates between parental right and wardship and working on specific norms of guardian’s monitoring duties in minors’poerty and legal effects in civil contacts starting from the "best interests of children" principle.The author will use comparative analysis, historical analysis and empirical methods to analyze the structure of protection basis and the actual operation. Besides refering to traditional continental legal system legal material, the author also introduces the legal norms of common law countries. The author will make a general analysis for law transplantation in protection system of minor’s property.