Research Of Transfer For Juveniles’ Guardianship Under The View Of National Responsibility

As an ancient legal system, guardianship originates from institution of the ancient Roman law which was named "Guardianship and Curatorship". After thousands of years of its development, the regimen still aroused a great of attention in various countries in the modern society. Each country’s legislation is constantly improving and perfecting this system, its principle is to make sure the benefit maximization of person under guardianship, and there purpose is to develop a more effective system of measures.The system of guardianship in modern sense in our country also evolved on the basis of Roman law; in addition, it has its own distinctive means. The main topic of this paper is system of guardianship for juveniles, arguing that to supervise and protect juveniles’ personal, property and other lawful right. This generalized guardianship system do not distinguish with parental right. Due to the existing and historical reasons, our current guardianship system still has many disadvantages. For example, unreasonable provision for guardian’s qualification, as the work units of juveniles’parents and neighborhood committee or other society organizations do not have qualifications of being their guardians, but the law lack of feasibility in this field; besides, the content of guardianship is provided unscientific and indeterminate; there is not subject for guardianship and supervision; the cancellation procedure of guardianship to be perfected etc. All of these problems need to be improved by our law in juveniles’guardianship.The idea of this paper originates from a practicing in Minor Relief Protection Center at C city. It’s a real case, which should cause great attention of us.This paper contains4parts. Firstly, it drawn forth many ponder over juveniles’ guardianship on the basis of actual cases. Secondly, it narrated the theory basis and real model of national monitoring responsibility for juveniles. Thirdly, it argued the legal difficulties of transfer for juveniles’guardianship in our country. Lastly, it talked about the responsibility of country in transfer process for juveniles’guardianship.