Study On Guardianship Intervention System For Minors In Our Country

In recent years, improper guardianship for minors cases frequently had happened,“starved her daughters’ female drug user case”,“the man in Shenzhen beaten six-year-old sonto death case”,“Guizhou Jinsha villager abused his daughter case”and the similar cases are ina strike the eye and rouse the mind. This exposes that our laws in guardianship interventionsystem for minors are vacant, also reflects the state and society seriously lack ofinterventional custody of minors. At present, the domestic haven’t specifical and systematicalstudy of guardianship intervention system for minors. The legislation is too general, abstract,and operability is not strong. The guardianship intervention system operates difficultly, and asupporting mechanism is not perfect. The government, the judicial organs, authorized tosocial organizations involving in a minor guardianship coordination mechanism needs to beperfect.However, in the face of a variety of malignant events, the state and society have paidattention to the problem of guardianship intervention. Not long ago, China’s civil affairsdepartment under the State Council, the Supreme People’s court, the Ministry of publicsecurity and other departments have been working on consummating guardianshipintervention system for minors in our country,and it’s preliminarily effective. Therefore, toconsummate the guardianship intervention system for minors in our country is imperative. Onthe one hand,it has the theory value, and it’s good for that the legal system of the guardianshipsystem for minors in our country is more systematic, complete, and it is of great benefit toconducive to fill the loopholes in the law. It provides the theoretical basis for the study oflegislation on the guardianship intervention system for minors in our country at present stage;On the other hand,it also has practical significance, and it is conducive to the protection of thelegitimate rights and interests of minors, to prevent similar tragedies from happening again.This paper is based on the current situation of our country ’s guardianship interventionfor minors,“starved her daughters’ female drug user case” as the breakthrough point, analysesnecessity of guardianship intervention system for minors, introduces the legislation conditionand the characteristic of foreign guardianship intervention system for minors, comments onthe defects of the guardianship intervention system for minors in our country, and then puts forward to suggestions of improving guardianship intervention system for minors in ourcountry. I hope that the state systematically, effectively intervene in the guardianship ofminors, and protect the healthy growth of minors.I hope that it makes legal effect, good socialeffect, and avoids similar starved girl’s case happening again.This paper mainly uses comparative analysis method, the value analysis method,empirical analysis method and so on,and in the process of writing，I use the relevantliteratures and data，combinate with knowledge of law, sociology.This paper altogether consists of five parts.The first part is the introduction, mainly expounds the purpose and significance of theresearch in the guardianship intervention system for minors. And this paper summarizes thereferences,describes the status of the research in domestic and abroad, introduces the processof writing this paper and research methods, finally, the paper pointes out its innovation.The second part is that “starved her daughters’ female drug user case” is as thebreakthrough point, and it leads to the guardianship intervention system for minors ofattention,analyses the necessity to perfect the guardianship intervention system for minors,and defines the concept of guardianship, guardianship of minors, guardianship intervention,and guardianship intervention system for minors of the meaning in this paper.The third part is the introduction and reference of the foreign guardianship interventionsystem for minors. To America, France, Germany as an example, this part describes the statusquo of the guardianship intervention system for minors, summarizes the characteristics of theguardianship intervention system for minors and finally, explans the existing foreignadvanced legislation and system design of guardianship intervention system for minors in ourcountry care to do.The fourth part is the status and defects of the guardianship intervention system forminors in our country. This part is the arrangement of our legal system in "General Principlesof Civil Law","Marriage Law"," Protection of Minors Law ","Compulsory Education Law"and other local laws and regulations of the guardianship intervention for minors, the analysisof the operating situation of the existing system, reflection of the defects of China’sguardianship intervention system for minors. And it points out the defects.They are thatlegislation guiding ideology of the intervention system for minors lags, monitoring the subjects of intervention generalization and becomes a mere formality, guardianship rightscompulsory transfer system is not perfect, the minor guardianship intervention in theadministrative and judicial supervision system is not to perfect the judicial intervention,monitoring of the slow and inadequate care intervention, system monitoring intervention isnot perfect.The fifth part clearly makes suggestions of the perfection of guardianship interventionsystem for minors, which is the main content of this paper, mainly from the perspective of thethree subjects，namely the government, the judiciary, the authorized social organization, andproposes to update the guardianship of minors legislation idea, strengthens the government tominors guardianship intervention, strengthens the judicial intervention, brings authorized tointervene into the supporting system of social organization.Because of the restriction the paper length, collection and arrangement of the data andthe author writing level, it is difficult to make a comprehensive, systematic exposition of theguardianship intervention system for minors, just speak generally the situation in foreigncountries.There is not in-depth study. The suggestions on improving the system make apreliminary idea. It’s more general. I expect that experts and scholars, legal talents continue tomake efforts to the systematic, in-depth study in the future.