| About the Minors’ Protection system matter, general civil law countries are used in paternity-based care, supplemented by the dual system. At present, although China has developed a minor guardianship system with Chinese characteristics, the system does not establish paternity. This system lagged behind the modern transformation of foreign minor law.Today, This mode is less than one dollar brings is one important factor, which mainly Thinking Constructing paternity, guardianship, supplemented by the dual system. As a result, to improve our minor guardianship system has its practical significance.There are three parts in this paper. Chapter I tells that the single monitoring system and interests of minors and affirm the value of maintaining social order, At the same time puts forward the guiding ideology behind, with a historical limitations, cannot effectively guide the development of the civil rights and interests protection; Not to distinguish the consortium on legislation style, cause there are many legal blank; Not on the supervision mechanism, thus effect. Chapter II is a study comparing the above questions, analyzes the minor guardianship system of Germany and Japan in its guiding ideology, legislation mode and supervision mechanism and the advantages of can draw lessons from experience. Chapter III is the concrete thinking of perfect our country minor guardianship system, in the first place in the guiding ideology of "children’s best interests" principle, the second on the legislation based on parental authority supplemented, guardianship legislation mode, the last is to improve the supervision mechanism. |
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