Guardians Infringe On The Rights Of Minors

In recent years, whether from TV, Internet, or in the newspaper, we can often see some cases like this:the parents of a minor beating the minors to death, and father’s teenage daughter of sexual abuse, and neglect the minor children in the car to death, parents make minor children stay at home alone to fall the balcony disability or death, etc. Guardian infringes upon the case of minors, the frequent severe cases, however, does not catched the attention of the society.The protection of minors is a social problem. Minors are flowers and hopes of the motherland, the behavior of the violations of the rights of minors should be prohibited timely and legally. We should first define the legal connotation of guardian violations of the rights of minors and find the difference between with others, then to analyze the causes of guardian violations of the rights of minors, then we should made it be included in the system of the tort liability law of the People’s Republic of China and put forward the right way of guardian violations of the rights of minors. Finally, aimed at the problem that minors’ rights are violated, we must consummate the system of the guardianship of minors in our country.This article is divided into four parts altogether, the first part introduces the legal implications of guardian violations of the rights of minors, legally defined the behavior of the guardian violations of the rights of minors (monitoring infringement) refers to the guardian is responsible for the supervision in the process of guardianship of minors, Due to the improper care behaviors, thereby infringe on the rights of the minors, it causes damage of the spirit of their physical and mental health. Then we analyze the special tort of monitoring violations.The second part introduces the guardian violation of minors in our country, then we analyze the reasons from the guardian and minors, traditional family culture factors, the economic basis factors, lack of legal system.In the third part, we made it be included in the system of the tort liability law of the People’s Republic of China. Firstly, we analyze the constitutive requirements, Secondly, according to the tort liability law of the People’s Republic of China, we proposed the relief way,damaging to life and health should be the personal damage compensation; damaging to the property, If we can return the property, property is returned,if not, we apply to property damages compensation; damaging to spirit, According to the particularity of the guardian and minors, Serious cases are mental damage,others are saying sorry, eliminating the influence, restoring reputation.The fourth part is facing the current monitoring violations, the author put forward the suggestions for perfecting our country minor guardianship. Firstly, We should improve the system of guardianship supervisory and the qualification of a guardian, to protect the rights and interests of minors from the system. Secondly, from the legislation and the improvement of relevant laws and regulations to protect the rights and interests of minors. Finally, we should strengthen the supervision of social education and guidance.