Research On The Guardianship System Of Minors

Guardianship system is the aggregation of legal norms relating to the supervision and protection of personal and property rights and interests for Minors and persons without full capacity for civil conduct, and the legal norms aiming at protecting and looking after Minor’s personal and property rights constitute the Guardianship System for Minors. At present, several laws and regulations are referred to in our country’s Guardianship System for Minors, and among them, General Principles of the Civil Law and Opinions form the basic framework of the system, Marriage Law addresses the parents’ obligations of protection and educations to minors from the family aspect, and Law on the Protection of Minors makes principle provisions on the guardians’ liabilities to the minors, from a social perspective. Recently, cases in which the parents and other guardians passively perform their obligations have occured frequently, and thus severely infringed the minors’ rights, and abandonment and abuse came regularly as well. In December 2014, the supreme people’s court, the supreme people’s procuratorate, ministry of public security and the ministry of civil affairs jointly issued "opinions on the problems about dealing with guardians’ behaviors violating the rights and interests of minors", this judicial interpretation contributed to monitoring guardianship infringement problems, made up for the legal loopholes, but did not solve other problems in minor guardianship system. So, we need to re-configurate and perfect this system.Laws in other countries may give us a good reference, and there is an obvious distinction between civil law systems and common law systems. In civil law system countries, parental right is often used to regulate the protection and education of parents to their minor children, and as the extension of parental right, guardianship system is to adjust other persons and social organizations to take care of minor children who are not under their parents’ custody, and to adjust the country to intervene and guarantee the protection of the minors. Otherwise, in common law system countries, the same legal regime controls both parents and other entities without differing parental rights and guardianship, and this system is called "Guardianship System of Minors". The difference above results in the debate in our country regarding the development direction of the guardianship system. This paper will put forward new ideas on guardianship system on the basis of this argument by taking foreign legislations as reference.In addition to the introduction and conclusion, this paper will include four chapters. The first chapter is to classify the connotation and denotation of guardianship system, and to study the history and tendency of guardianship system through historical analysis method. The second chapter will raise deficiencies of the guardianship system of minors in our country by introducing several typical cases as the entry point. The third chapter begins with an in-depth study of the legislation models of civil law system and common law system, and research on their advantages. Chapter four will focus on the reconstruction suggestions of the guardianship system of minors in our country. This chapter is based on the structure of guardianship system, and will re-configurate the system from legislative intentions, legislation models, harmonization between subordinate regulations, detailed rights and obligations and protection by public power, and in the end will put forward legislative proposals as to the guardianship system of minors in China.