Study On The Supervision System Of Juvenile Guardianship

In recent years,there are social news reports on vicious guardianship violations,which highlights the inadequacy and lack of supervision system for juvenile in China.With the further development of China's reform and opening up,social economy has made great progress.At the same time,the inherent family kinship in China has become increasingly slack,and family custody involving the lack of public power can no longer fully meet the needs of protecting the legitimate rights and interests of minors.The construction of China's guardianship system has not established the system of supervision of juvenile.In view of the trend of world legislation on the protection of minors' rights and interests,many countries have established a relatively complete supervision system for minors in this field.In order to effectively protect the legitimate rights and interests of minors and narrow the gap with the legislation of various countries in the world,it is imperative to improve the supervision system for juvenile in China.This article will analyze and study on the issue of the supervision system for juvenile in China.In addition to the introduction,the text has four parts:The first part is the analysis of supervisory system of guardianship for juvenile in China.In current situation of society,due to restriction from traditional ethical consciousness on family,the intervention of the public power generally cannot be accepted by the public.The supervisory subject that undertake the responsibility of supervision for guardianship in society such as village committee and school also do not give full play that they have.In the judicial level,the supervisory system of guardianship for minors has become clear,especially measures of supervision for guardianship are relatively complete,but regulations on the subject,content and executive procedure of supervision for guardianship are not clearly stipulated.In the judicial practice,the amount of judicial case on the supervision for minors' is scare the case that the public power exercises the right of supervision is growing but in general the total amount is rare,so the limitation of intervention into family guardianship by public power need to be given further study.The second part is about the reference to supervisory system of guardianship for juvenile in foreign jurisprudence.In order to make the public power intervene into guardianship affairs effectively,legislators both in countries and districts of civil law system and common lawsystem choose to establish exclusive supervisory institution for guardianship in the area of family law.In countries of civil law system,they strengthen the dominant role by government in the supervision of guardianship;while in countries of common law system,they put more emphasis on sociality of guardianship,by employing social supervision for guardianship they establish comprehensive investigation and evaluation mechanism as well as discovery and report system.Countries in civil law system and common law system no longer regard the guardianship as traditional family affairs,and they are not satisfied with lag nature of supervisory measures for guardianship afterwards,so they take supervisory measures in the whole course of executive procedure.The third part dedicated to discussing the probe into the grid pattern of the guardianship supervision of the minors.By means of the advantages of our country's communities grid administration and integrating the villagers'(neighborhood)committees' grid resources,a grid supervision pattern constructed is proposed,fully arousing the enthusiasm of the public in the communities to participate in the supervision of the minors and changing the traditional model of family guardianship autonomy.This kind of pattern which solves the supervision violation events in the initial stage at the lowest cost effectively protects the legitimate rights and interests of the minors.The fourth part serves as the suggestions for optimizing the guardianship and supervision system of the minors in our country.A new guardianship structure should be built on the basis of General Provisions of the Civil Law of the People's Republic of China(hereinafter referred to as the General Provisions of the Civil Law);the principles that are in favour of the persons under guardianship should be carried out;family guardianship should be included in the field of the state guardianship and supervision.Most importantly,the experience of the extraterritorial supervision system should be drawn upon critically.To optimize the supervision system of the minors in our country,our national conditions should be complied with and the General Provisions of the Civil Law should be followed at the same time.A normal supervision implementation mechanism should be constructed,which is featured by a clear-cut level of the supervision subject,the unified rights and responsibilities of each subject,timely prevention and detection of the supervision violation as well as a normative procedure of event handling and evaluation.At the same time,it is necessary to distinguish the non-parent guardian from the parents guardian and then carry out the supervision specifically.