The Study On Supervision System Of Minors Guardianship In China

The reason why the minors guardianship system of came out in the first place is to keep the properties within the family as much as possible.The purpose of guardianship,however,has witnessed the change to it today,and it is now a system aims to protect the interests of this vulnerable group.The change is a result to a series of social system reforms,the rise of humanism and the beginning and development of people's awareness of children's rights.The promulgation and implementation of the General Principles of the Civil Law of the People's Republic of China in 1986 marked the establishment of China's guardianship system.Guardianship was officially brought into the laws since then.Pitifully,guardianship supervision,which should be an important part of the guardianship system,drew little attention from the lawmakers,and it is still a blank in China's legal system.Some of the few stipulations that can be used to supervise guardians are scattered in several laws,judicial interpretations and administrative regulations,and they are often excessively generalized and superficial,and not implementable.Moreover,the existing supervision-related stipulations tend to focus too much on punishment instead of prevention.One of the most important facts is that the subject of supervision is missing in China's minors guardianship system.The reason is multi-faceted,and the first one is the “parents' rule” idea that is deeply rooted in traditional Chinese view of family.Under its influence,Chinese people believe that it is the “privacy” of a family when it comes to how the parents discipline their children,and outsiders may not intervene,let alone the government meddling with how they manage their children.Second,the greater supervisor concept has always been a term in China's laws,which hinders supervisors from exercising their right.Despite the same purpose of parental right and guardianship,which is to guard minors who have insufficient disposing capacity,the two have distinct differences in terms of nature,ground to be established,and how they accept the involvement of public power.The involvement of public power,however,has been missing for a long time even with the current stipulations regarding supervising guardianship.In consideration of the fact that the supervision of minors guardianship is missing,the status quo finds it increasingly unable to meet people's demand for stronger protection of juveniles.It is not only a legal loophole in China,but it also goes against the trend in other countries where guardianship is being legally supervised.Several scholars have made their voices heard on this issue,calling for a guardianship supervision system to be legislated in China.They have put forward their own opinions regarding the system after they learned from and compared the relevant legislations in some countries where children's benefits are better protected.The following suggestions have been concluded in this paper after the review and analysis of the successful legislative experiences in developed countries and the opinions of numerous scholars: It is suggested to build a dual supervision system that consists of individual guardianship supervisor and institute guardianship supervisor when constructing the subject of the minors guardianship supervision.Parents may appoint an individual guardianship supervisor through their will.Institute guardianship supervisor can be jointly established by an ad hoc juvenile regulatory authority and procuratorate,while the juvenile regulatory authority supervises in regular circumstances and procuratorate supervises in special circumstances.As for the specific supervision measures,defining the spectrum of duty of individual and institute guardianship supervisors should be the priority,including hearing of supervisors' report of guardianship situations,asking the guardian to provide financial report to be audited,and represent the person being guarded in case that he or she is being violated by the guardian,so that the legal rights and interests of the person being guarded can be protected,both physically and financially.In addition,how the guardianship supervisor takes the position or be replaced and relevant conditions shall be detailed.For the supporting mechanisms of guardianship supervision,it is suggested to build mechanisms of intel report,graded warning,multi-sector coordination,and family-based education to ensure the efficiency and order of guardianship supervision,so that the minors guardianship supervision can be put into practice.