Research On The Legal System Of Guardianship Of Minors In China

Minors system is an important part of the civil law system, but also an important part ofour legal system indispensable. Due to historical and cultural past, long-term political andeconomic impact of our country for minors custody late start in the field of research, relevantlaws and regulations for the Guardianship of Minors mostly a matter of principle, operabilityis low, guardianship system difficult operation."Jiangning girls starve female drug case" and"6-year-old son, Shenzhen man beaten to death case", as this series of shocking cases ofmedia coverage, the whole community aware of the serious harm caused by the lack ofguardianship system, national and also began to pay attention to the social care system. March8,2015"today that" two sessions will explore Xiaosa----Special Report: Children do not beafraid, the program reported that "dragons case" and "Linda case." These two cases reflect ourefforts to improve the monitoring system has made have been noticed. Our recently issued a"guardian of the law deal with several issues against the interests of minors act opinion", butthe new "opinion" is able to completely solve the problem of guardianship system, the new"views" of the encounter in the course of implementation of the How to solve the bottleneck.Minors guardianship issues still need to be done.In this paper, based on the current situation of minors guardianship system, in order tomaximize the interests of minors as a starting point, the concept of the Guardianship ofMinors have defined the system, to clarify its significance. Analyzes the shortcomings ofminors guardianship system, while taking comparative law, compared with the outside of arelatively well-developed national differences and connections guardianship system, describesthe status of minors outside legal guardianship system, characteristics and our country is notperfect Inspiration adult guardianship system. Then proposed to improve the system ofMinors recommendations to improve the system of guardianship laws and regulations toprotect the legitimate rights of minors.This paper uses a comparative analysis, value analysis, empirical analysis and othermethods, and, in the writing process, refer to the research background and significance ofminors guardianship system, reviewed the relevant literature describes the domestic andforeign research status, introduces the writing。The second part describes the concepts of minors guardianship system, by analyzing thecharacteristics of minors, points out features of minor guardianship system, and complementsthe historical origins of Minors system Outlines the significance of minors revocation system.The third part is minor compared with the revelation of extraterritorial guardianshipsystem, were cited civil law and common law system of the country, the situation outside ofMinors system briefly summarizes the extraterritorial Minors system for me revelation.The fourth part of our laws and regulations relating to the provisions of the Guardianshipof Minors sort, analyze the actual operating conditions of the existing system, to reflect ourlack of Minors system, pointed out the serious problem of the existence of the system ofMinors This is a difficult part of this paper, the author proposes the following issues:monitoring the main provisions of substantive law vague, guardian obligation is not clear, thenational monitoring mechanisms are inadequate, monitoring and supervision of the publicauthority is not enough, not enough social organizations involved in guardianship system,lack of specialized courts handle matters such as minors, through these gaps are analyzed inorder to find solutions to the problem.Part V presents recommendations for improvement of the Guardianship of Minors manyproblems that exist in the system, which is the focus Cipian content of the paper, includingimproving the guiding principles of Minors system, improve the system of specific Minors’opinions "guardian provides perfect body, a clear guardianship, improve national monitoringsystem, improve the national supervisory guardian system, strengthening the socialorganizations in the Guardianship of Minors and establish an Minors court of law.Of course, the paper by the length of the article, the paper data collection and collationand restrictions author writing skills, it is difficult for minors guardianship system morecomprehensive system of discourse, on the interpretation of the extraterritorial status quosimply failed in-depth study, improve the system’s proposal, only the author of the initialproposal, the paper there are many deficiencies, sincerely hope that a lot of guidance experts.