The Legislative Perfection Of The National Guardianship System Of Minors

The establishment and continuous improvement of the national guardianship system of minors is a common practice in the development of guardianship system in the world.The national guardianship system of China's minors has also made a major break through in the general provisions of civil law,in which article 32 stipulates the responsibility of the government to carry out the supervision.However,in the case of judicial practice,there are still difficulties in the application of the national guardianship system."The general civil law"article 32 is just a principle,and there stil exists the following problems:the conflict between"children benefit maximization" principles and practice,the scope of applicable national monitoring condition,the lack of national monitoring implementation procedures and specific duties,and the legal responsibility of state monitoring.The existence of these problems affects the specific application and practical function of the state guardianship system.In this paper,by investigating juvenile guardianship system legislation of advanced countries,combining the current actual speculate,and then put forward the principle of "children benefit maximization" by practice,integrated national guardianship legislation,clear applicable state monitoring measures situations.What's more,we should improve the state monitoring of the implement action of the program,optimize national monitoring department cooperation mechanism,clarify the state monitoring duties and subdivided the nations guardianship supervisory system of guardianship content and the legal responsibility of guardianship legislation suggestions.