Minor Guardianship System Research

This article is based on safeguard for the minor’s legitimate rights and interests;first of all, taking the pointcut of the dilemma that the minor guardianship faced in thereal life, we found the shortage of the statute of the minor guardianship legislativesystem, therefore, puts forward the necessarily of state power directly involved in theminor guardianship system. Secondly, through contrast and use of the experience thestatute of the minor guardianship legislative system of two legal civil law countries,combine the current realistic of China; propose suggestions to build-up guardianshipsystem and to perfect the specific contents of State minor guardianship system in thatbasis.This article including four parts:The first part, summarise the minor guardianship system of domestic and foreign,including the origin of guardianship system and the development of modernguardianship system in public law.The second part, analysis the status of minor guardianship system in China, firstly,start from the practical case, analysis the dilemma of the minor guardianship faced nowand the reasons. Secondly, comparing the minor guardianship legislative system indifferent countries, find out the shortages of our existing minor guardianship system.Finally, comply with the tides of guardianship legislative system develop in the world,appealing the state power take effective interventions for the minor guardianship systemand build-up a State guardianship system.The third part, analysis the necessarily and realistic basis of build-up Stateguardianship system and provide powerful theoretical evidences to work on it.The fourth part, point out some relevant suggestions to perfect the minorguardianship system in China; mainly put forward the establishment of build-up Stateguardianship system, including the administrative level and the design of phase of Stateguardianship system. On this basis, in order to build-up a comparatively perfect minorguardianship system, it is suggest to supplement and perfect specific contents of Stateminor guardianship system.