Reflection And Reconstruction Of The Guardianship Of Minors System

Minors are our country and nation's hope, but the minors are in the stage of physical and mental growth, lack of self-protection awareness and ability to prevent infringement, and their legitimate rights and interests are easily neglected or even infringed. Through the establishment of various legal systems for special protection of minors. Guardianship in general refers to the guardian to set a specific person to monitor, manage and protect their personal and property interests of a civil legal system. As an important part of the civil legal system, the guardianship system of minors is undoubtedly more targeted and applicable than other legal systems in protecting the rights and interests of juveniles. This system is also the main research object of this paper.At present, China's existing guardianship system is far behind the requirements of protecting the rights and interests of minors in various countries in the legislative concept, legislation technology and specific system design, and it needs to be reconstructed urgently. The purpose of this paper is to promote the legislation of juvenile protection in China. On the basis of systematically reviewing the development process of our country's adult guardianship system, this paper discusses the defects of the current juvenile guardianship system in China. Combining China's reality, And then to systematically explore the status of China's juvenile custody system and the direction of progress, drawing on legislation around the world model, adhering to the principle of maximizing the interests of minors, the system in China how to reconstruct comments and suggestions. In addition, the development of the system in the western developed areas shows more public law trend, mapping in public power intervention in the supervision of minors and the state of custody behavior evaluation and supervision. The content of this part is also analyzed in this article, which should be paid full attention in the process of reconstructing the guardianship system of minors in our country.This paper is divided into six parts. In addition to the introduction and conclusion, the first part briefly introduces the origin of guardianship, the concept and the evolution of the guardianship system of minors. The second part introduces the guardianship system of minors in advanced countries and regions, and compares them from the aspects of guardianship initiation, guardianship duty, guardianship supervision and guardianship. The third part discusses the defects of the guardianship system. The fourth part puts forward some suggestions on system reconstruction based on the problems mentioned above and the rational analysis.