On The Lack And Perfection Of The Minors' Guardianship System In China

In March 15,2017,the General provisions of the Civil Law is enacted,which perfect the guardianship system greatly.But the General provisions of Civil Law is the basic rules with higher abstractness and generality.As far as the guardianship system is concerned,there have been many changes,but it still uses the legislative system of the old law,has not absorbed relevant regulations,some of the provisions are too principled and the content is too generalized.In practice,it still needs to base on other laws and is not conducive to the application of the law.The provisions of the General provisions of the Civil Law and other laws on guardianship of minors play an important role in protecting the rights and interests of minors,however,it is undeniable that there are still many problems in the real life,such as child abuse and abandonment,which indicates that there are still a lot of deficiencies in the existing guardianship system of minors.This paper is to reflect the shortcomings of the system and put forward the corresponding suggestions by studying the newly modified guardianship system and the existing system and the current social situation,drawing on the experience of extraterritorial legislation to perfect the guardianship system of minors in the process of compiling the Civil Code.The Minors guardianship system affects the young person's healthy growth.On this time the Civil Code compiles,studying and perfecting the minors guardianship system is particularly important.This article expounds the basic theory of the guardianship system of minors firstly and lays the foundation for the following research.The second part analyzes the revision and perfection of the guardianship system of minors under the newly promulgated General provisions of the Civil Law,sums up its progressive significance and analyzes its deficiencies.Affirming the progressive significance of the establishment of the principle that most beneficial to the people under the guardianship,the perfection of the scope of guardianship subject,the increasing of the type of will guardianship and agreement guardianship,the improvement of the revocation and recovery of guardianship qualification and so on,.At the same time,it points out the inadequacies of the guardianship system of minors in our country.For example,the system is scattered,the internal structure is confused,the provisions of the guardianship responsibility are principled,and the supervision system is missing.The third part investigates the extraterritorial guardianship system of minors andseeks the reference experience that can be used to improve our guardianship system.The last part proposes the suggestions to perfect the system according to the basis of the existing system and the experience of extraterritorial legislation,hopes to construct a systematic and complete guardianship system of minors.Minors are the future of the motherland,and the hope of the nation.In the process of compiling the Civil Law,guardianship system should be systematized and perfected in the corresponding part of the specific provisions of civil law,establishing guardianship system which has complete structure and complete contents to facilitate the judicial authority to enforce law and public realize,abide and use law,protect the personal and property rights of minors.According to study the provisions of the guardianship system of minors general,combine the relevant laws and regulations and the phenomenon of repeated violations of minors,combine the comparative analysis of foreign minors guardianship system,give some suggestions to perfect the guardianship system of minors in our country.