On The Construction Of China’s State Power System Intervention Minors

Guardianship system originated from Roman law, after thousands of years of evolution, which in modern society still plays a very important role. Because of this, today’s major developed countries have attached considerable importance to the guardianship of minors, constantly updated from the legislative concept gradually optimized to specific legal provisions to strengthen the protection of rights of minors, and showed a public authority deeply involved in guardianship trend. Its purpose is to ensure the full enjoyment of the rights of minors under the law, to promote the healthy growth of minors. However, China in the custody of minors, the authorities intervene to protect but also a serious shortage, I am with the national situation and learn from the advanced experience of foreign legislation, from the reality of the existence of the case, the problems in analyzing the case, the reasons for the problem of finding, combined with domestic experience grandfather right to intervene guardianship system, proposed construction of public rights of minors involved in guardianship system.In this paper, the structure, in addition to the foreword, is divided into four chapters, the main contents are as follows:Chapter one, Case Description, mainly about guardian against minors in recent years occurred in China’s legitimate rights and interests of malignant cases. And sets out the problems in the case, told the Guardian against the legitimate rights and interests of minors reason for the frequent occurrence of malignant cases, because of the system of public authority intervention Minors are not established, the state power in the minors rights have been infringed legal guardian, no timely intervention led to tragediesChapter Ⅱ,Mainly about China at this stage why there is no established national public authority to intervene Minors system, one is not a party to establish a national qualification as guardian, the second is less than the national public power system intervention Minors stage presence Chapter III Focuses on the present stage of public authority to intervene in national institutional Minors some exploration, as well as a brief introduction to the experience of the national public authority intervention Minors on Western countries, these experiences will help us explore and build national minors public authority intervention system.Chapter IV this chapter describes the construction of a national public authority intervention Minors system, mainly from three aspects about which country is to establish the ultimate guardians of minors idea to build state power supervision and monitoring system, and build state power subrogation guardianship system.