The Research On Minor Guardianship Supervision System

Minors system is an important part of the civil law system.Monitoring oversight is strong guarantee guardianship purpose is achieved, becoming protect the legitimate rights and interests of minors and safeguard the best interests of minors powerful legal weapon. 1989 United Nations’ Convention on the Rights of the Child, "initiated by the" best interests of the child "for the international development of Minors legislation provides a basis for international human rights law. Currently in private law context, the appropriate national authority to intervene in family care, family intervention autonomy compensate for the lack of autonomy of the family. Supervision of Minors existing fragmentation of our country in the legislation, focusing on relief afterwards, excessive emphasis on family care. Real life, child abuse, abandoned children frequent cases, highlighting the deficiencies of the existing system of supervision of Minors. Inadequate care for our existing oversight, the paper is committed to improve our Minors supervision. Through the analysis of the existing status quo minors legislative and judicial oversight of guardianship, identify its shortcomings, and then outside the country comparative analysis of the existing monitoring system of Minors, based on national legislation to draw outside our country on the basis of the advanced experience, put forward a sound proposal with Chinese characteristics and the Guardianship of Minors Supervision System.In addition to the introduction, the text is divided into four parts, a total of about thirty thousand words.The first part is an overview of Minors supervision system. This part of the Guardianship of Minors by an overview of the supervisory system, explains the basic theory of Minors, monitoring and supervision. Introduce specific legislation guiding ideology of Minors oversight body care supervision, monitoring the supervision measures and supporting mechanisms. In addition, through the Minors oversight functions and values for analysis, leads to the importance of the supervision of Minors Perfection.The second part of the present situation and the lack of supervision of the Guardianship of Minors. This section describes the present situation of China’s legislative oversight of Minors and social problems existing in the running, pointing out inadequacies of the supervision of the Guardianship of Minors, including legislative guidelines shortcomings, the provisions relating to the subject of the Guardianship of Minors supervise more confusing Minors guardianship oversight measures are not perfect, and the supporting mechanism of Minors supervision is not perfect, highlighting the urgency and necessity of improving the supervision of the Guardianship of Minors system.The third part is the Inspection and Evaluation of Minors outside oversight system. This section details the different elements outside the supervision of the National Guardianship of Minors. Specifically, the legislation contains guidelines Minors supervision, monitoring oversight body care monitoring measures, ancillary care oversight mechanisms. Comparison and Review supervise all aspects of care through different countries, and explore our country can learn from the monitoring system of the Guardianship of Minors.The fourth part of Minors Perfecting supervision system in China. This part by the foregoing analysis, integration, drawing on the experience of extraterritorial legislation, lessons of previous research results, based on the condition of our country on the basis of the Guardianship of Minors from the existing institutional framework, this paper proposes to improve the supervision system of the Guardianship of Minors specific recommendations including the establishment of "the principle of the best interests of the child" guiding ideology for the legislation, the establishment of a special supervisory body of Minors, refinement of Minors oversight measures to improve the support mechanisms Minors supervision.