Improvement Of National Guardianship System Of Minors In China

With the rapid development of Reform and Opening up and social economy of China,and the deepening of rural urbanization,along with a large number of rural labor forceeserve as migrant workers in cities,many stay-at-home children are under the condition of no or inadequate guardianship;Because of busy work or other reasons,guardians don’t do well in management and protection of minor children,which causes minor children wandering the streets,accidents,and even the phenomenon of trafficking;Besides,due to family reasons or guardian’s life and work is unsatisfactory,guardiansoftenassault or abuse minor children,it does serious harm to the physical and mental health of minors;the number of kinds of special minor children has increased,such as minor children of prisoners,minor children whose parents are severely disabled or ill and so on.These minor children’s life and leaning have been seriously affected,causing many deep-seated social problems.To solve these problems caused by the lack of family care,we need joint efforts of the state and society.However,because of the imperfection of our country’s juvenile national guardianship mode,these problems can not be completely solved.The cause of the damage to the legitimate rights and interests of the special group of minors is the lack of family care,another important reason is the imperfect state custody.Many scholars in our country and people from all walks of life have done a lot of research on the guardianship of minor children,and actively participate in the revision of the national guardianship system for minor children in the first,second and third draft of the civil law along with the civil law.However,there are still some deficiencies in the new national guardianship system.Therefore,in order to solve the problem of the guardianship of minors in special groups,we need to start with the national guardianship system for minors,through the careful study of the juvenile guardianship system,defining state’s guardianship responsibility.We should improve and protect the rights ofenjoying the state guardianship of minor children in these aspects: determining guardian,adding pupil types,determining source of guardianship cost,strengthening the duty of guardian,determining guardian of entrustment’s qualifications,determining legal responsibilities of guardians, perfecting the system of the beginning,alteration and termination of state guardianship,Improving guardianship supervision mechanism and so on.