Research On The National Guardianship System Of Minors In China

The purpose of the minors guardianship system is to supervise and protect the personal safety,property safety and other legal rights and interests of minors.For a long time,the mode of guardianship of minors in our country has paid too much attention to the family parental power,the state intervention and intervention is insufficient,and there is laissez-faire to the family guardianship.However,in the current media reports,parents,as guardians,frequently violate the rights and interests of minors,such as parents who make young children hungry for a long time,sexual assault,violent injury,abandonment of young children and so on.The traditional sense of family guardianship has been unable to meet the needs of the protection of minors.Guardianship is the responsibility of the family.Therefore,it is necessary to exert the functions of the state and strengthen the interference of the state public power in guardianship affairs.In view of the shortcomings and defects of our country in intervening in the guardianship of minors at present,we should draw lessons from the relevant experiences of foreign countries on the basis of the actual situation,and gradually establish and improve the national guardianship system of minors in our country.The main structure of the article is divided into the following five parts:The first part is the proposal of the problem.Through the analysis of the legal problems in the first case of guardianship infringed on the guardian and revoked custody in China,this part demonstrates the great significance of state guardianship for the protection of minors from the point of view of practical cases.At the same time from the point of view of practice leads to the problems in the custody of minors.The second part is the outline of the national guardianship system of minors.In this part,the definition of "guardianship",the definition of "state guardianship",the two functions of state guardianship "supervisionand guardianship" are defined,and the characteristics of state guardianship are analyzed.Finally,the function of national guardianship system for minors is demonstrated.The third part is the foreign minor national guardianship system legislation investigation.This part investigates and compares the relevant provisions of the state guardianship system of minors in the main countries of the civil law system and the common law system,and draws from the advanced experience of foreign countries.The fourth part is the analysis of the national guardianship system of minors in our country.This part analyzes the relevant legislation of the national guardianship system of minors in our national legal system,and expounds the problems existing in the current state guardianship system.The fifth part is the improvement of the minors’ National guardianship system.For the fourth part,we discuss the deficiencies in the national guardianship system of minors,and put forward the perfect plan from the two functions of the national guardianship’s supervision and guardianship.