Comparative Study On Minor Guardianship System

Minor guardianship system, and that adult guardianship system. Since Romanlaw to protect minors to the function of the civil rights of the disadvantaged groups.Because of its two property, both public and private law and covers, agent system ofcivil action competence, therefore, since ancient times, has always been one of theimportant content of justice. Unfortunately, although a lot of changes in various fieldsin our civil law and perfect, but the study of minor guardianship system has been in aslow phase, even though there are some research results have come out, is only oneaspect of the system or pieces of research, still lack a effectively solve the problems ofthe existing research results, this paper is dedicated to solve practical problems inminor guardianship.This article is divided into four chapters.The first chapter, first of all, the concept of guardianship for minors, nature,principle is defined. Based on the concept of vertical and horizontal analysis ofguardianship, saw in different periods and different regions during the same period,on the understanding of guardianship. Through research pointed out that a minorguardianship system is a kind of historic, the concept of scientific development. Morescholars to the definition of the concept of guardianship, it is not hard to see theirsimilarities are not reflect the essential characteristics of modern guardianship,custody is a kind of social public functions that monitoring system of public law.Analysis through different angles to the property of custody guardianship belong tothe category of public law or private law category, rights, obligations or a duty. Theauthor concludes that the understanding of the nature of guardianship cannot treat asthe same, to go into the specific historical period. Through the monitoring principle ofgeneral parts for minors should have principle and the principle of the juvenileguardianship shall determine, determine the correct principle rules on the importanceof the minor guardianship system build. The second chapter mainly through the lateral comparison approach, on the civilcode of Quebec, continental law system, Anglo-American law system in the legalprovisions on the minor guardianship system comparison, makes every effort to drawa system, to find a more suitable for the situation of China advanced legal system, toperfect our country minor guardianship of incomplete.The third chapter is the review of current minor guardianship system in ourcountry, through the theory, the law to find out the current shortcomings anddeficiencies existing in the system, from the perspective of both domestic and abroadexpound the necessity of perfect our country minor guardianship system.The fourth chapter of the author to our country minor guardianship system bolddesign, from the program to the main content of bold ideas, purpose is to build aminor guardianship system of reasonable framework, to safeguard the legitimaterights of minors.