Research On Guardianship System In China From The Perspective Of State Responsibility

The guardianship system is the protection system of the deficient person,it is the system that exists to protect the interests of the person under guardianship,at the same time,the guardianship system is also the reasonable embodiment of human autonomy in law.The purpose is not only to protect the person,property and other lawful rights and interests of the guardian,but also to meet the needs of spiritual life and respect for the autonomy of people.The lag in the concept of guardianship,the rough contents of the guardianship and the absence of family supervision in fact mean that the perfection of our guardianship system should not only be supplemented from the formal structure,specific content and practical operation,but also be optimized in the value concept of the guardianship system.As a model of the value of modern philosophy,the concept of state responsibility has important theoretical guidance and construction function for the perfection of our guardianship system.It is design to survey that present situation and existing problem of the system of guardianship in the three aspects of social reality,legislation and justice.Through in-depth analysis of national responsibility,it reveals the significance of state responsibility in China's current guardianship system,and then puts forward the solution.The paper proceeds from two levels.The first level is the macro level.It is necessary to carry out systematic theoretical study on that state responsibility from the macroscopic level and to the system of guardianship,to search for the deep connection between each other,to focus on the national responsibility direction of the research of guardianship,to explore the general rule and special law between each other,and to provide the theoretical and practical directions for the solution of relevant guardianship problem.The second level is the micro level.Subject to the social realities,legislative status and judicial status of guardianship in China,this paper aims at perfecting China's guardianship system based on the analysis method and theoretical perspective of state responsibility.After criticizing the value ofconfusing parental rights and guardianship on the macro and micro axes,try to introduce the concept of parental rights,construct the system of parental rights of minors,then we can grasp the concrete implementation of our guardianship system from three aspects: state custody,improving the guardianship supervision,and guardianship of state security.From deep to shallow,from the point to the surface,in order to realize the humane and modern legal spirit of the national guardianship system to think out the beneficial construction road.