Study On The Property Guardianship System Of Juveniles In China

As a basic human right of juveniles,the protection of the property rights of juveniles is related to the process of human rights construction and law-ruling in China.After implementing the reform and opening-up policy 40 years ago,Chinese social and economy development has been dramatically increased.However,various sources of and the amount and value explosion of juvenile property have brought forward the urgent request of juvenile property legal protection.Influenced by immature physical and mental function as well as insufficient social experience,juveniles may not have the ability to manage its assets.Thus,setting up a juvenile property guardianship system in civil law and providing guardian for minors are essential to properly protect their property.At present,the protection of juvenile property mainly depends on the property guardianship system of minors in civil law.The system in China was conducted relatively late.Related discussions by scholars are more in the song dynasty(Calibration system)and in Ming and Qing dynasties(The habit of entrusting orphan).They are generally not a property guardianship system in the modern sense,which both belong to the buds of minors' property guardianship system in China.The property guardianship system of minors was first produced in ancient Rome,which contents are close to that of modern juvenile property guardianship system.Currently,the provisions of guardianship of juvenile property,including General Principles of Civil Law,are not only insufficient but abstract,but not maneuverable.By collating and analyzing a large number of judicial adjudication documents,it is not difficult to find the problems existing in the current legislation:the legislation concept of minors' property custody is still in deviation,the basic principles of property custody are indistinct and the scope of minors' property and the subject of the custody of the property are unclear,the provisions of the right to property management and grant action are unspecific,supervision and accountability system for minors' property monitoring are ineffective and the remedy mechanism of infringed juvenile property is incomplete.Nowadays,guardianship system is put in the civil main body section of Chinese General Principles of Civil Law.The main reason for setting guardianship system for the sake of building internal integrity system in General Principles of Civil Law is that,unlike the legislation to the guardianship system in Germany and France,such system in China is currently incomplete and unspecific,especially in the case of property custody and guardianship supervision.Since the future monitoring system also seems to be more difficult to be further refined in the civil law in a short future,while for establishing a reasonable and thorough guardianship system with Chines legislative mode as well as gradual and prudent empirical logic,specific civil laws is a rational choice.So far,the civil code for minors'property guardianship system in counties like Germany,France,the United States,Japan,Switzerland and Taiwan is relatively advanced,with abundance of legal provisions,sufficient contents,and specific and detailed rules.Based on foreign laws and existing property guardianship system researched by inside and outside scholars,the paper is mainly focusing on problems in existing legislation to construct relatively properly normative structure and content system,which includes the following aspects.First,adjusting and improving the legislation concept of the custody of minors' property,establishing the concept of independence and equality of juvenile property,and strengthening the law of guardianship of minors under the law of single line.Second,defining the basic principle of guardianship,clearing the purpose of management of property and its income is to safeguard minors'property and preserve and increase its value,ensuring the use and dispose of property is for the interests of the minors,and respecting the children's real intention and specific property management rights in relation to age,intelligence and judgment.Third,clarifying the scope of juvenile property and the subject of the custody of the property.Next,specifying the provisions on the right of property management and the right to act as agents.Then,improving supervision system and guardian accountability system.And last,completing the remedy mechanism of infringed juvenile property.