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Research Of The Guardianship Of Minors System

Posted on:2014-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2256330425971692Subject:Law
Abstract/Summary:PDF Full Text Request
Minors system covers the protection of minors, supervision, care, education and support, the civil law system is an important part of the national legal system is also an indispensable ingredient, reflected now in the civil law, family law and protection of Minors Act and other basic legal systems, both family and social, has a unique legal attributes.China’s existing laws concerning the provisions of the Guardianship of Minors gradually emerging out of shabby and inadequate minors guardianship system that meet the needs of social development to become solved important issues. This theme has never been the practice of adult guardianship proceed, the system analysis of China’s current legal guardianship of minors and the specific design of operations, comprehensive thinking how to improve the system of guardianship of minors.This paper is divided into four parts, the first part of the scope of minors clearly expounded Minors system related concepts. By analyzing the characteristics of minors, noting that the characteristics of the Guardianship of Minors Minors and perfect the system of necessity. Also, take a comparative approach, analysis and comparison with other countries of the current system of Minors differences and connections.The second part of the Guardianship of Minors against our current system conducted a comprehensive analysis, to get involved in guardianship, guardianship performance, modification, termination, custody dispute resolution, and many other content through this part of the writing of clear minors existing system is structured and how it implemented.This article points out the third part of our current Minors system problems, such as the legislation is lagging behind, guardian legal liability system is imperfect, over-reliance on parental custody, guardianship and other acts of the lack of effective oversight, through these issues discovery and analysis in order to find solutions to the problem.The fourth part of this article discusses the Guardianship of Minors against the regime of the existence of a defect in the applicable solutions, including establishing perfect guardian system, perfect after her parents divorced and the exercise of establishing guardianship system, improve the specified monitoring, the establishment of national monitoring system, the establishment of monitoring system of supervision. Through the analysis of our reality, compared to foreign-related legislative system in the advanced system, to the maximum extent to find solutions to the problem.By writing this paper, the author intended to explore the structure of Minors systems approach to enhancing the rule of law Minors level, while for the Perfection of Minors legislative proposals.
Keywords/Search Tags:guardianship, parental rights, care supervision, perfection of legislation
PDF Full Text Request
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