Research On The National Custody Responsibility Of Minors In China

National public power interposing the domain of minor's guardianship system to intervene and supervise it becomes the general trend of custody legislation abroad,especially in Britain,the United States,Germany,France and other countries national monitoring system has been systemized,but with the thought that monitoring is a family thing in China,little emphasis on national responsibility in the guardianship legislation,Only principle in the"general principles of the civil law" regulation:the village committee or the civil affairs department can be a guardian,some related departments also can apply to the court for canceling the qualification of guardian when the guardian fails to perform the guardianship responsibility.Because of the ambiguity of legal regulations,and the phenomenon that minors are neglected,even abused by their parents and family is more and more serious,and the existing concept and system has been unable to cope with the demand of the protection of minors.So,in the National People's Congress and the National People's Political Consultative Conference,delegates are proposed to construct national monitoring bill,the most representative one is that in 2012 Zhao linzhong repreent submitted to the National People's Congress "suggestions for constructing the national monitoring system of minors",it is also supported by academia,such as Yang lixin clearly established and improved the national monitoring system in his suggestion of perfecting the supervision system."Thirteenth national economic and social development plan for five years"will also strengthen the protection of minors,left-behind children care protection as the important content of people's livelihood security engineering.In this paper,from the reality and theory we find the basis to construct the national monitoring and make certain assumptions about the specific construction.on the basis of collecting a large number of cases,we seize the typical case to analyze and summarize the problems existing in the juvenile guardianship in our country,and at the same time look for the realistic foundation for the public power interfering the minor guardianship.From the study of current legislative,judiciary and the national monitoring we know that a country has the responsibility and obligation to bear the minor guardianship,but in our country we are lacking of the related legislation,as for the practice is bad,so we can analyze the necessity and feasibility of establishment and improvement of state monitoring system.Secondly,through the comparison of study about state monitoring system of minors in typical nations,we find some useful experience about setting up a special supervisory institution and supervisor.Finally,based on its national conditions and foreign successful experience,the author suggest that we should treat the minors' best interests as the first principle,start from the monitoring subject,object and method and set up state monitoring system of state supervision and monitoring as the main form and state monitoring directly as the second consider.Specifically,firstly,building a "protection place for minor " as the leading institutions of the state monitoring;secondly,distinguishing clearly the appointment of guardian between Urban and rural area;third,suggesting that we can take the state monitoring,personal care and Charity ward as the main ways to protect minors.