The Studying Of Tutela Testamentaria In The Context Of Minor Benefits Maximization

The UN General Assembly in 1989 through the ‘Convention on the rights of the informally established the best interests of the child--anything involving children must take godchildren rights as a heavy.Minors are the future hope of the motherland,in the rule of law is increasingly perfect today,protect the legitimate rights and interest of the minors.Minors will guardianship system perfect,whether the content of the minors.Minors will guardianship system perfect,whether the content of the perfect degree and scientific according to national conditions and the development of social economy,is not only related to their own physical and mental health of minors,but also affects the society and even the country’s development and future.Since 1991,the NPC Standing Committee decided officially approved to join the UN “Convention on the rights of the child”,in twenty-five years,China’s economy obtained the fast development,the construction of leagal system has made the achievement be obvious topeople.However,the problems will guardianship of minors in our country,there are many problems in reality.From the relevant regulations in civil law of our country to see,the current legislation of guardianship system for minors will not optimistic:on minors will guardianship system in legislation only a very few provisions in principled,the content is too broad,and no specific provisions of norms.In a country under the rule of law,rule of law government and society integration construction background,legislative status in our country at present will guardianship system,in reality it is not a good legal rights and interests of the minors.As the “Convention on the rights of the child”of the States parties,will guardianship system in our country is not effectively protected the legitimate rights and interests of the minors,which is not conducive to the healthy develop ment of minors mental and physical,but also influence the harmonious and stable development of our society.The minor is the foundation of social development,physical and mental development of the immature stages and in the minors,the legitimate rights and interests not only to get legislation enough attention,but also to have the state,society more care and help.Therefore,our country should not only establish and perfect the juvenile will guardianship system in legislation,but also to clear the minor benefit maximization purpose,establish the system of the minors guardianship system in the middle will three-in-one family,society and country.