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The Research Of Guardianship System About Protection Of Minors

Posted on:2017-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:H Y HuFull Text:PDF
GTID:2336330491461548Subject:Science of Law
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Guardianship system is the basic content of civil law system,Guardianship system is also important content. Minors are the future and hope of a country. Minors can healthy growth is related to a nation as to whether can long-term stable development. Minors as a social vulnerable groups, their physical and mental need society give more protection, need a comprehensive legal system safeguard their rights. With the development of social economy in our country, the change of social structure, the minor guardianship system already can not adapt to the requirements of protection of rights and interests of minors.Under this premise, how to solve the problem of minor custody, is the research emphasis in this paper. This article in order to realize the goal of this research, in this paper, based on the current rules, tries to find the problems existing in the juvenile guardianship. This article will with the rest of the world advanced experience of the relevant guidelines. Above is the research idea of this article.Based on the principle of best interests of the minors as a starting point, in the first part, it's about the current provisions of relevant laws and regulations such as the minor guardianship, including minor guardianship system of the type, scope, responsibilities, cancellation, and the concept of guardianship for minors characteristics, analysis of the concept. In the second part, I analyze the problems existing in the juvenile guardianship, such as the deviation of the legislative principle, legislative ideas on the specific provision of law is not complete, the national public power intervention in indeed. In the third part,1 introduce the other countries around the world, including France, Germany, Britain, the United States, more representative countries, such as related systems, and the inspiration of these countries advanced legislative experience of our country. Through the analysis of the above part, in the fourth part, I try to give some suggestions adout our country minor guardianship system's construction.This article uses the comparative analysis and empirical analysis. I have look at a large number of research literature at home and abroad, in accordance with the interests of the minors maximum principle, for the perfection of our country minor guardianship system in-depth thinking.
Keywords/Search Tags:Minors, Guardianship system, Paternity, State intervention
PDF Full Text Request
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