Minor Guardianship System Research

The minor guardianship system is a very important part of civil legal system. The purpose of its establishment is to protect the legitimate rights and interests of minors, to make sure the healthy growth of minors, and to ensure the sustainable development of the nation and society. Our country has established a minors custody system that is based on the general principles of the civil law of the people’s Republic of China and with the law of the people’s Republic of China on protection of minors, the marriage law of the people’s Republic of China and some other laws as supplements. But with the development of times and society, the present minor guardianship system in our country can not meet the needs of the development of social life. There are many outstanding problems in our minor guardianship system, that make the legitimate rights and interests of minors can not receive stark protection. Therefore, we have to perfect the system of guardianship of minors in our country as soon as possible.Besides the introduction and conclusion, this thesis is divided into four chapters. The main contents of this thesis are as follows. The first chapter mainly introduces the concept of minor guardianship system function and its historical evolution character. The second chapter mainly introduces the parental authority and guardianship system in the continental law system that is represented by Germany, Japan and France, as well as the guardianship system for minors in the common law system that is represented by Britain, the United States and Australia. Then we hope to learn the valuable experience for our legislation and practice. The third chapter introduces the current status of the legislation and practice of our minors guardianship system, and analyzes the existing problems. It mainly existence the imperfection of evaluation standard of care qualifications and abilities, the imperfection of the monitoring body and the content of responsibility, the imperfection of custody supervision mechanism, the imperfection of the state monitoring system and so on. According to the above problem, the fourth chapter put forward some suggestions based on the experience of foreign countries. It mainly includes to perfect the guardianship ability evaluation mechanism, to perfect the rules about monitoring body and content of responsibility, to perfect the supervision mechanism, to perfect the parental guardianship system, as well as to perfect the state monitoring system.