The Research Of The State Minor Guardianship System

Minors are builder and successors for the future of a country. It is the obligatory responsibility for the family and the whole society to protect the minor’s legitimate rights and interests from infringement and create good environment to promote the healthy growth of minors. Minor guardianship system is an important civil legal system which is set up for the purpose of monitoring and protecting lawful rights and interests of minors’ personal and property. At present stage, the problems of minor guardianship emerge in endlessly in our country, and the tragedy of the damages suffered by the legitimate rights and interests of minors often occur. So it is necessary to reform the minor guardianship system. The traditional minor guardianship system which depends mainly on the family guardianship becomes more and more inadequate for the need of social development, thus the function of state should be played and to intervention in minor guardianship from the national public power should be strengthened. Guardianship affairs is not only the family’s internal affairs, but also the national and social public affairs. In view of the shortcomings and deficiencies of state minor guardianship system exist in China, related system in foreign country should be learned from based on the practical circumstances. As a result, the state minor guardianship system will be established and perfected step by step. The state minor guardianship is the embodiment of the national public power intervention in the monitoring field. The state is the ultimate burden of minor guardianship, which is regarded as the identity of the ultimate guardian to protect minors. Emphasizing the role of state in the minor guardianship system is not only the urgent need to protect the lawful rights and interests of minors to the greatest degree, but also the requirement to conform to the law development trend in the international community for minor guardianship.