On The Guardianship Issues Of Prisoners’ Minor Children Y

At present, the public pays close attention to special children’s education, medical treatment, psychology and other aspects. However, for special children’s comprehensive care, the first thing to solve is child custody. Only the problems of custody are solved, special children’s life, education, psychology and other aspects of work could undertake smoothly. When custody issues are identified, no matter it is their legitimate rights or legal aid for them, better effect can be obtained. In special groups of children, the prisoners’minors are easy to be overlooked, they are in a state of having parents but no one monitoring them, insufficient legal and social assistance for guardianship rights protection. The realization of custody of prisoner’s minors enables them to avoid detours, soon to become useful person, also bring the community more harmonious factors. In China, custody work starts relatively late, the law is general and broad, the policy doesn’t implement well, social support is weak. As for the imperfect protection, minor children are easy to vagabond, stop schooling and even took the case of crime. The reality of prisoners’ minors urges the custody of children.This thesis is based on the rights protection guardianship of inmates’minor children, starting from state theory and social theory, trying to establish a new model for guardianship which is a innovation point, summarizing our current situation on the basis of adult child custody problems. It puts forward the corresponding countermeasures and suggestions, trying to improve prisoners’ minors custody.This thesis is divided into six parts, the first part is an overview of custody, explaining the nature of the minor child custody of inmates through the concept and quality of guardianship. The second part describes the general theory of custody of inmates’minor children. The basis of national responsibility theory is that country has the right and obligation to protect children and adolescents, its core value is the guardianship or parental rights both in private legal relations and national public. When parents or guardians can not do their duty or abuse of rights, the state should interfere with the remedy. And then the origin and role of social responsibility concept is analyzed. The third part describes the current situation of inmates’minor child custody. In starved girls case from Nanjing, social surveys the Justice Department, and the inmates’minor children at the civil affairs department for help, the judiciary, education departments, social organizations, non-governmental organizations, the living conditions show minor children guardianship status. Part four analyzes the custody problems of inmates’minor children in China. Firstly, the proposed guardianship ownership, the paper analyzes the controversy custody of minor children ownership, drawing the conclusion of supporting or rebuilding their custody depending on circumstances; secondly, the transfer of custody is raised from four aspects of the problems; thirdly, transfer guardianship oversight problems are proposed according to four aspects custody.The fifth part analyzes the reasons of custody issues. For example, guardianship is paid insufficient attention, guardianship of minor children of prisoners is urgent and arduous; the lack of financial support, the child custody of inmates doesn’t work; social tolerance is not enough, the minor child custody inmates is difficult; useless law, narrow channels of inmates’minor child custody; insufficient public support and minor child custody guarantee. Part six focuses on countermeasures solving inmates’minor child custody. Firstly, the author proposes to be push "support and reconstruction" mode, to maximize the interests of minor children guardianship, which is one of the innovations in this paper. It analyzes the theoretical foundation of supporting and reconstructing mode, proposing reconstruction custody cases including custody and guardianship of the mandatory revocation of the transfer agreement, and national monitoring.Secondly, speed up legislative process and legal safeguard custody. In this part, the author proposes to distinguish parental rights and custody, ensuring the body of custody and state responsibility in guardianship, meanwhile, standardize the form of social assistance. Thirdly, broaden the scope of social care agencies to protect custody of minor children who have non relatives outside prison, and establish multiple guardianship system of state-folk. Fourthly, increase policy support to lead the economy from national policy level, and enhance policy-inclined guardianship work, strengthen economic support. Fifthly, implement custody monitoring mechanisms and the establishment of national monitoring system, including special national supervisory authority, the periodic survey regime, as well as supervision of guardian without fulfilling the guardianship, abusing custody and when the lawful right suffered, custody should be transferred timely and establish guardianship supervisor and other systems.