The Legislative Review Of The Guardianship System Of Minors In The General Provisions Of The Civil Law Of The People's Republic Of China

The minor guardianship system is an important component of the natural person law in our country's civil law.The "General Principles of Civil Law" has brought development and breakthroughs to our country's guardianship system for minors,but it still has flaws and deficiencies.In the process of compilation of the civil code,the guardianship system for minors still has room for improvement.In view of this,this article conducts a legislative review of the "General Principles of the Civil Law" on the guardianship system for minors.The article consists of four parts:The first part is the development and breakthrough of the guardianship system for minors in the "General Principles of Civil Law".By comparing the legislative status of China's minor guardianship system before and after the promulgation of the "General Principles of Civil Law",the breakthrough of the "General Principles of Civil Law" is the addition of wills' guardianship and temporary guardianship systems,the improvement of the legal guardianship system,and the emphasis on guardianship responsibilities and government guarantees.Responsibility.The second part is the defects and deficiencies of the "General Principles of Civil Law"minor guardianship system.The defects and deficiencies are manifested in the confusion between parental rights and guardianship,which weakens the main position of parental rights and makes it difficult to distinguish the legislation;the conditions for the selection of guardians are unclear,resulting in the blindness of the election;the imperfect guardianship system is imperfect and the practice of wills' guardianship Difficulty,the status quo of entrusted guardianship can not meet the guardianship needs of left-behind children;lack of supervision and supervision system,narrow supervision,single means,unclear level;has not yet established a property protection system for minors,can not protect the legitimate property interests of the ward is not protected Concealed violations;the lack of guardian remuneration system violates the principle of fairness;the guardian resigns from a blank system,ignoring guardians' age and other special circumstances.The third part is the experience of juvenile legislation outside the territory.Through the introduction of extraterritorial legislation,we will learn about the difference between parental authority and guardianship in extraterritorial legislation;solutions for the selection of wills for custody,the implementation of entrusted guardians,and different monitoring measures for guardianship misconduct,and enrich the supervision and supervision system in China;In the form of a survey of the property of the guarded person outside the domain,the guardian's property status is transparent;the source and amount of extraterritorial guardianship remuneration are taken into consideration;and the consensus on foreign guardian's resignation is absorbed.With a dialectical attitude,these experiences will be applied to the improvement of the supervision system for minors in China.The fourth part is the legislative proposals for the improvement of the juvenile guardianship system.Although China's "General Principles of Civil Law" has been promulgated and implemented,it is still in the process of compiling family relations,so that the guardianship system for juveniles still has perfect feasibility.On this basis,according to the inherent characteristics of China's social reality of left-behind children and the guardianship system of minors,it is recommended that the legislature organizes the original legislation in the compilation of marriage and family,forming a legislative model of"parental rights + guardianship";The person who lacks or has poor guardianship records excludes guardian qualifications;standardizes guardianship from form,content,and validity;regulates the entrusted guardianship system in terms of its nature,qualifications,content of rights and obligations,and restrictions on abuse;establishes a multi-level guardianship and supervision system;Guardian's property inventory system;the introduction of reasonable guardianship remuneration;and the resignation of the guardian under legal circumstances.