Research On The Legal Liability For The Guardians Who Abandoned Juveniles

Juveniles are the vulnerable groups of the society, the protection of minors has been an issue which is always been focused on the law. With the development of economy and society, people get clearer about the protection of human rights, and the protection for the vulnerable is getting stronger. There are a lot of laws have been passed to protect t vulnerable groups in our country. The infringement of minors comes from many aspects, the worst one comes from there guardians. Guardians are the centre strength to protect minor group, and they play an important role in the growth of children. Missing of guardian will not only bring negative influence on the minors, but also on families and the society. There’s more and more cases that children are being abandoned by there guardians, many of them brought serious consequences. The law have regulated the legal liability for the guardians who abandoned juveniles from civil liability, criminal liability and administrative responsibility, but the legislation is not so perfect, and the concerning topic in law department is about the liability of abusing minors or unattended children, so this article will make the analysis on the liability of the guardian who abandoned minors.This paper started from some cases of abandoned children, and then discussed the guardian’s legal liability when they abandoned minors by document analysis, comparison of overseas legislation and other ways, it also explores problems we have in the theory and justice practice. The paper is divided into six parts.The first part is an introduction, which will introduce the topic of this paper by some cases, and then it analyzed the harm of abandonment behavior of guardians, also the meaning of the research.The second part is an overview of guardians of minors. This part introduced the concept and the legal status of guardians, which also pointed out the responsibility of guardians. This part mainly focuses on anglicizing the method to determine the guardians. It makes a general introduction about guardians’ legal liability and then lists the law about minor’s guardians.The third part is the civil liability of Guardians who abandoned minors. This part focuses on analyzing the constitution of the abandonment in civil law, explained the standards of abandonment behavior and how to distinguish the difference between civil liability and criminal liability of abandonment by several cases, and then discuss the specific civil liability and the civil approach the minors should use when they are abandoned by their guardians.The fourth part is the criminal liability of the guardians. This part started from the difference between the legal rules in our law and overseas’ to analyze the abandonment crime, and discuss guardian’s criminal liability from the perspective of the abandonment crime, the child trafficking crime and crime of intentional homicide. Then it analyzes the problems we have in the criminal liability legal rules, give some suggestion came from legal rules of other countries.The fifth part is the administrative liability of the guardian. This part was divided into two pieces, the first piece is from the perspective of the administrative departments, talks about the responsibility of the administrative departments on minors who were abandoned by their guardian, it also list the legal liability they should take. The Second piece is from the perspective of administrative law, analyzing the liability the Guardian need to bear when they abandoned their children.The last part is the conclusion. The author made a summary of the paper in this section, pointed out that reducing abandonment of the guardians is the responsibility of families, society and government. We hope we can protect the right of minors better by improving the law in the future.