Research On The State Guardianship System Of Minors

As a vulnerable group,minors should be protected by all parties.However,in recent years,cases of infringement on the legitimate rights and interests of minors have occurred from time to time.Due to the inadequacy of legislation and the influence of traditional concepts,minors cannot get timely and effective assistance after being infringed.How to better protect the legitimate rights and interests of minors,the academic and practical circles have stressed that the guardianship of minors is not only the obligation of parents and families,but also the responsibility of society and the state.Existing laws and regulations for the design of the monitoring system for large space,especially the general civil law of the People's Republic of China(hereinafter referred to as "the general civil law")preliminary established the "on the basis of family care,community care as supplement,state monitoring for out" minor guardianship system,for the protection of minors mentioned another higher level,for the construction of minor guardianship system provides a host law basis.However,the general provisions of the civil law is still a family guardianship mode with parents as the main body and relatives as the auxiliary body.For the state guardianship,it is only a preliminary part and a complete state guardianship system for minors has not been established.In view of this,this paper attempts to make a comparative analysis of relevant systems outside the region and draw lessons from it.Combined with the actual situation of China,this paper gives some thoughts and Suggestions on the establishment and improvement of the national guardianship system for minors in China.In addition to the introduction,this paper is divided into four parts:The first part is an introduction to the adult state guardianship system overview.This part further defines the concept of state guardianship of minors from the basic concept of guardianship,and then introduces the nature and theoretical basis of state guardianship of minors,in order to more comprehensively analyze the state guardianship system of minors.The second part is the review and analysis of the legislation of the juvenile guardianship system.This part is mainly on the Anglo-American law system and continental law system countries related guardianship system,and with the civil law of Germany,France,Japan and the Anglo-American law system of Britain,the United States,Australia,the legislation of extraterritorial national juvenile guardianship system as an example to do a brief introduction,on this basis,to countries in different legal guardianship system to compare the evaluation.The third part is the review and analysis of the national guardianship system for minors in China.This part expounds the current situation of the national guardianship system for minors in China from the two aspects of legislative status and implementation status,on the basis of a comprehensive understanding of the current stage of the national guardianship system for minors in China to evaluate and analyze,pointed out the deficiencies that need to be improved.The fourth part is the perfection of the national guardianship system for minors in China.This part is to put forward Suggestions on the construction of the national guardianship system for minors in China,including the establishment of a special state guardianship institution to assume the guardianship responsibility for minors;To stipulate specific temporary guardianship system and long-term settlement measures so that the legal rights and interests of the parents of minors can be protected after their guardianship qualification is revoked;To establish and improve the guardianship supervision system to ensure the correct exercise of guardianship rights by guardians.In addition,it is necessary to stipulate other supporting measures,such as expanding the sources of funds and establishing a state guardianship support system.