The Research On The System Of Minor Guardianship

Guardianship system is an important civil legal system originated from Roman law. Minor guardianship system is an important part of the monitoring system and a basic core system of the protection of minors. The system settings of content related to the physical and mental health of minors and the rights and interests safeguard, it is also affects the development and future of the state and society.Due to the influence of traditional culture and the theory of knowledge limitations, our country present relevant minor guardianship content system and thin. In terms of guiding ideology, it is not establish the principle of best interests of and lag behind the development of the international protection of the rights and interests of children. In terms of the guardian, it is demonstrate to the imbalance between right and obligation and the regulations in qualification and responsibility are not refined. Due to the development of the society, the Unit and residents’ or villagers’ committee committee is no longer suitable as a guardian of society. In terms of system, it is did not distinguish between parental authority and guardianship and lack of guardianship supervisory system. This is affected by the concept of family for a long time, fall short of the public power and monitoring is still in the level of familial and autonomy.Currently, various countries pay particular attention to the protection on the rights and interests of minors. The signing of Convention on the Rights of the Child(CRC) is one good proof. The various principles including protecting the maximum benefit of children confirmed in convention has gradually become the guiding principle on guardianship legislation of various countries. The principle of protecting children’s maximum benefit requires understanding and maximizing children’s benefit from the perspective of children. Such principle has been introduced by various countries into minor guardianship system closely related to children’s benefit, emphasizing the respect on children’s opinion and guarantee on their rights and interests in legislation. In addition, it cared for the latest concept on the protection of children’s rights and interests in minor protection. For protecting the rights and interests of children, China’s minor guardianship system should also introduce such principle and establish it as klegislation guiding principle. It can not only maximally protect children’s rights and interests, but also achieve the transformations from who has the right to conduct guardianship to who is most beneficial for children in the identification of guardian, and from ignoring children’s rights and interests to viewing children’s rights and interests as the highest criterion.The legislation of guardianship presented in the direction of socialization and public, what’s more, national public power is increasingly involved in monitoring system. Guardianship of minors has changed from family affairs for national and social public affairs. The future development direction of China’s guardianship system for minors should establish the principle of the best interests of the child in the premise of the establishment of paternity and guardianship system. We can learn from foreign advanced legislation to arrange the legislation model of parental power system specific. Guardianship system should be on the basis of the existing legislation to consummate its content. Establish the supervision system and state monitoring system to enhance the public power intervention, so that construct state public power intervention mechanism. The minor guardianship system is essentially distribute the rights and obligations between the state, the family and minors to achieve the best interests of minors.