Study On The Guardianship Of Abused Children

Recently,micro-blog and news app have reported many incidents of child abuse,which has attracted the attention of the public.The guardianship system for minors is a very important system in modern civil law system,not only related to the protection of minors’ interests,but also to the stability of the whole social order.The provisions of minors guardianship system rationality of the scientific design and content to a certain extent represents a country’s legislative concept and legislative level,reflects a country’s level of human rights protection,but also reflects a nation for the future development of the state responsibility.Although China’s "civil law","law on the protection of minors","on the guardian in accordance with the law against the interests of minors behavior issues"(hereinafter referred to as the "opinions"),"anti domestic violence law" on the protection of minors has made some provisions,but the current legislation and practice procedure there are still many shortcomings and deficiencies.This paper from the three actual cases of child abuse,a preliminary analysis of China’s juvenile guardianship system problems,and abuse of children the concept of a basic definition,from the abuse of child abuse behavior type and abuse reasons leads to discussion of the guardianship system in our country.At the same time,by comparing the research status of the juvenile guardianship system between the continental law system and the Anglo American law system,we can conclude the imperfections of our country’s minor guardianship system,and finally put forward some perfect suggestions based on the current situation in China.This paper mainly adopts comparative analysis,case analysis and other methods,and studies a large number of documents related to the guardianship system of minors at home and abroad,and insists on the principle of maximizing the interests of minors,and makes a deep reflection on improving the guardianship system of minors in China.The first part is the introduction.It expounds the background and significance of choosing juvenile guardianship system from the perspective of abused children,summarizes the domestic literature,and introduces the research status quo at home and abroad.The second part introduces the basic situation of three cases of child abuse.From the case,we preliminarily analyze the problems of our guardianship system,including the lack of corresponding guardianship supervision system,imperfect temporary guardianship system and China’s need to improve the mandatory reporting system.The third part defines the concept of child abuse,analyzes the causes of child abuse,and lists violations of children’s rights,including physical abuse,emotional abuse,neglect and sexual abuse.The fourth part briefly describes the current guardianship system of minors in China.By comparing the minor guardianship system of the civil law countries and the Anglo American law countries,it draws inspiration for our country to improve the guardianship system.Finally,the defects of the juvenile guardianship system in China are analyzed.