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On The Perfection Of Guardianship Of Minors System

Posted on:2016-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:X HanFull Text:PDF
GTID:2296330467489548Subject:Law
Abstract/Summary:PDF Full Text Request
There is the issue of guardianship elaborated early period in Roman law, andwith the development of society, but also the transfer of custody of purpose to protectthe property from the two aspects of the protection of persons and property.Guardianship is not only reflected in the protection of individual rights, but there is arole in maintaining social stability. Current global trend is more and more attention tohuman rights, the rights and interests of minors is a top priority. Therefore, the basicprinciples of Minors are also slowly being established as the center of the interests ofminors.Minors from sociology is a necessary requirement, is the key to the continuationof the human race. Minors system is set up to protect the personal and property rightsof minors, ensuring that they are regulated and education. In China, due to theinfluence of some traditional concepts, understanding of guardianship of minors stillin the social customs of the angle, that is the thing within the family, the countrywithout too much interference, resulting in our law regarding guardianship of minorsalso more general and rough, to practice a lot of trouble, caused many consequences.From the world trend, our system has been very Minors behind, for the rapiddevelopment of our society is already outdated. On the provisions of the Guardianshipof Minors also no uniform law, but scattered in the "Civil Law","Marriage","Protection of Minors Act","Prevention of Juvenile Delinquency Act," and theSupreme Court judicial interpretation, the relevant administrative rules, regulations,and local laws and regulations among the lead on both administrative and judicialprotection of minors powerless. News media let us see a lot of the developedmonitoring system is incomplete brought tragedy, corporal punishment of minors,abandonment and even abuse are to alarm us. Therefore, improvement anddevelopment of Minors system is imperative. I hope that through the analysis of thispaper, the system of minors, to provide some suggestions for the development ofChina’s system of guardianship of minors, to promote the continuous improvement ofMinors system, promote the establishment of China’s socialist society ruled by law.In this paper, drawing on the experience of extraterritorial legislation on the basisof advanced our current social reality, in order to protect the rights of minors to theprinciple put forward suggestions on Minors system.Plus the introduction and conclusion, the thesis is divided into six parts. The firstpart of the introduction and epilogue describes the history and evolution of existingconcepts guardianship profile, characteristics, nature and our minor guardianshipsystem. The second section describes the case of extraterritorial minors guardianshipsystem, and they were compared from five aspects. The third section presents ourcurrent system of Minors problems fourth part is the focus of this article, on the partof the issue raised by, according to the actual situation of rational analysis, thefeasibility of the recommendations.
Keywords/Search Tags:minors, guardianship, system, defects
PDF Full Text Request
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