The Perfection Of Minors Guardianship System

The guardianship of minors is an important system in civil law, and it is significant to protect minors to grow healthily. In recent years, a large number of cases occur frequently about minors have suffered harm and cruelty in real life, which expose the weakness of our guardianship system in protecting minors. This article is intended to reveal the defects of the current minor guardianship system in our country through case analysis, from the perspective of national guardianship responsibility and the minor personal right protection level, refer to the popular reform efforts in minor guardianship system of main western countries, then put forward perfect suggestions for minor guardianship system of our country from a practical point of view. To establish a series of minor protection system that Judicial Bureau plays the main body in the guardianship supervision and the welfare institution from civil affairs department takes the responsibility of national custody and relief to provide beneficial references for the reform of the guardianship system in China.In addition to the introduction, the text is divided into four parts.Through the relevant case from the first part, draw out the core problem: the guardianship responsibility, the establishment and change of guardians of minors and guardianship supervision problem.In the second part, according to the summary of our country’s present minor guardianship system to explain the concept, characteristics, nature of guardianship and guardian’s responsibility, distinguish the minor guardianship and consortium, formulate the necessity of perfecting the minor guardianship system. Our country has suffered a series of serious social problems because of the deficiency of minor guardianship, so perfecting the minor guardianship system is the need of the law concept reform, resolving social contradictions, undertaking the obligation to protect human rights and protect people from our country.The third part is focus on discussing the problems about guardians’ guardianship supervision, through analyze the defects of guardianship, supervision system in our country and reference to foreign legislation. Combine the popular guardianship system in the world with our current guardianship laws to give the suggestions about perfecting the minors’ guardianship supervisory system.The fourth part is to discuss the system about the establishment and change of guardians of minors’, analyze the shortage in the change of guardians of minors’ and the duty in National surveillance responsibility. Put forward the perfect suggestions to protect our country from the present system architecture by comparing the domestic and foreign legislation.