On The Improvement Of Custody Of Children In Difficulties

Junior strong country strong,children are the future of the country and the hope of the nation.However,in the real life there are many children to their families in poverty,their disability or lack of effective custody and other reasons,facing the difficulty,unable to lead a normal life.Children in difficulty like themselves in difficulty,their families in disadvantaged and abused children,or due to their own illness they suffer,or guardians of reasons and lost childhood joy.Their physiological and psychological aspects are immature and ability to survive is rather limited,which need attention and protection from society more than others.However,in practice,some of the children involved with the difficulty of social moral bottom line impact of extreme events have occurred,not only against the interests of children,as well as social harmony and stability,built a well-off society is needed to resolve the outstanding issues.One of the most important reasons for the dilemma faced by children is the guardianship system is not perfect,thus improving the guardianship system of the children in difficulty,which was benefit the vital interest and grow healthily of children in difficulty,social development,and the future of our country.Paper through stated children in difficulty and the theoretical basis of children in difficulty's guardianship system,proposed the survival status and the problems that children in difficulty is facing in our country,analysis legislation status of children in difficulty in our country and pointed out its insufficiency,and reference the legislation in two law systems about the advanced experience of guardianship system of the children in difficulty,according to Chinese reality and thinking about the relevant provisions of the general principles of civil law that was passed on the five session of the twelve National People's Congress,proposed reference recommends on perfect the guardianship system of children in difficulty,to upgrade our country's legal level on guardianship system of children in difficulty,perfect protection legal barrier of children in difficulty.Except the introduction and conclusion,this article consists of the following five parts:The first part is an overview of children in difficulty and guardianship system in China.Specifically addressed children in difficulty definitions and types of difficulty situation and problems facing the survival of children,on the difficulties faced by children' survival,health,summarizes the dilemma of education,explain the importance of guardianship system of children in difficulty,the definition of guardianship of children in difficulty and its particularity.The particularity of children in difficulty from the guardian,person under guardian and demands on the Government three were analyzed.The second part is the guardianship legislation status and existing problems of children in difficulty.Respectively from civil General and related judicial explained,State of related provides,highest method,and highest check of related provides and local Government of related provides four a party face dilemma children guardianship system of legislation status for has analysis,found problem,as China existing legislation lack on dilemma children guardianship system of provides guardianship right revoked system need from revoked conditions,litigation subject,placed system,and recovery four a aspects for improved,insufficient.The third part is the difficulty of child guardianship legislation in foreign countries and its reference.Make an analysis to civil law countries and common law system on children in difficulty of the current legislation on guardianship.Two legal systems of national reporting mechanisms for discovery and monitoring oversight mechanisms have relatively systemic,perfect legal regulations are in the process of improving the guardianship system of children in difficulty in China should learn from the advanced experience.Part four is the improvement of Chinese guardianship of children in difficulty.From legal system,family custody,government guardianship and guardianship supervision four aspects on perfect China dilemma children of guardianship system proposed recommends,specific,is perfect dilemma children guardianship of legal system,perfect delegate guardianship,and guardianship right revoked system;clear government guardianship of subject and started case,implementation temporary guardianship system;perfect found report mechanism,established specifically of guardianship supervision people and clear guardianship supervision people of duties.Combined with the difficulties involved in the General Civil Code,the draft analyzes the content of child custody.In summary,improvement of the guardianship system of children in difficulty to go on the road,from the legal system,family custody,government guardianship,guardianship supervision the four aspects are discussed,although there are many shortcomings,but also the plight of child benefits,I hope this article can get the attention of scholars,have implications for the future improvement of our trouble child guardianship system,improve children in difficulty living situation.