Concerning The Improvement Of The System Of Minor Guardianship Changes

Young people is the country and society’s future and hope. Every family andsociety have obiligation and responsibility to maintian young people’s rights and theirhealthy growing. To take effective measures of guardianship have special means toprotect the minors interests.At present, China has not yet formulated the Civil Code. The provisions of theGuardianship of Minors system are dispersed in the relevant laws of the civil lawsystem.Such as "The Civil Law","Marriage Law",“the Protection of Minors Act” and"Prevention of Juvenile Delinquency Law”, as well as judicial interpretation of theSupreme People’s Court and the relevant administrative rules, regulations and local laws.The regulations of our country are so principle and general. The operability of judge isnot strong. Belong with the social reform and development, a number of new casesoccurred. More and more minors’ guardianship are changed or deleted. For example,after the Wenchuan earthquake, who should bear the responsibility of the guardianshipof the orphan and how to oversight their responsibilities? For another example, shortlybefore, the “YiYi”event which became a controversial social focus lead the socialwelfare organizations to have the suspicious of reselling the children‘s human organs.After the parents had been revoked guardianship, how to fulfill the duty of guardianshipof the new guardian became the social focus once again. It is not difficult to see that theincreasingly serious social problems arising as a result of custody change in theguardianship system of China.Many scolars have commenced a large number of studies on minors guardianshipsystem, but not too much specific on custody changing of minors. There really exitsmany problems on our minors guardianship ststem. The paper’s writing have specialmeaning from some of part. The writer have studied the instant minor’s custodychanging system of China and pointed out many problems in simple language.Meanwhile, she researched the Western countries’(particularly civil law countries) regulations of custody changing system. After discussion of three aspects from the legalsituation which the custody of minors must be changed, the custody changing procedureand how to supervise the guardian conduct, the writer gave her own points of view andsuggestions. She said, we should have a legislation on the statutory situation whichcausing the custody changing and abolish the group to be a gurdinaship which not suitto the current society’s development and to bulit an up-dowm and multi-sectoral jointmonitoring system. Guardians of minors behavior is under the supervision of the fullrange of adults and the minors’ rights and interests can be protected deeply.Meanwhile, this paper put forward proposals for future legislation on the system ofthe Guardianship of Minors. We hope that some relevant departments can integrate thecurrent law on minors gurdianship and make them systematic. At that time, the law ongurdianship of minors can be more suitale to the society.