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Study On The State Guardianship System Of Juveniles In China

Posted on:2020-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:M M ZhengFull Text:PDF
GTID:2416330578453630Subject:legal
Abstract/Summary:PDF Full Text Request
For a long time,the guardianship of minors has been regarded as a domestic affair in China,which leads to the frequent occurrence of tragic incidents of minors.In order to maximize the protection of the legal interests of minors,we should recognize the importance of starting the national guardianship system for minors.By analyzing the current situation of China's national guardianship system for minors,this paper clarifies the difficulties and shortcomings of the current national guardianship system for minors in China.Combined with the actual situation of the state guardianship of minors in China,this paper puts forward Suggestions on the improvement of the state guardianship system for minors,so as to realize the supplementary role of the state guardianship system for the family guardianship system and fundamentally ensure the realization of the interests of minors.This paper focuses on the state guardianship system of minors from the following three aspects.The first part firstly makes a simple description of the national guardianship system for the minors in our country,respectively clarifying the connotation and nature of guardianship,and the meaning of guardianship for the minors and other basic contents.The second section introduces the national guardianship system for minors,analyzes the meaning and nature of the system,and discusses the theoretical basis of the existing national guardianship system for minors in the world,which has important guiding significance for determining the concept of the national guardianship system for minors in China.The third section is the focus of the first chapter,which integrates the first two sections to determine the status of the state guardianship system in the minor guardianship system.The second part focuses on the status quo of China's juvenile state guardianship system.This paper discusses the problems and difficulties in the legislation of the guardianship system of minors in China,the specific problems in the nationalguardianship system of minors in China,and the heavy guardianship tasks in the national guardianship system of minors in China.At present,the defects of legislation mainly include that there is no clear definition of the subject of state guardianship and the applicable object of guardianship for minors,and no sound state guardianship supervision system for minors has been established.The state guardianship of minors has some specific problems such as backward concept of guardianship and single mode of guardianship.Although the national guardianship system of minors has many shortcomings,the importance of the existence of the national guardianship system of minors cannot be denied.The initiation of the state guardianship system for minors plays an important role in safeguarding the legitimate rights and interests of minors,making up for the deficiency of family guardianship,solving various child abuse problems,and maintaining social stability.The third part is to improve the national guardianship system for minors in China,which is the center of this paper.First of all,China's national guardianship system for minors is indeed not sound enough,the urgent need to improve the system;Second,the road to truly implement the national guardianship system for minors is long and difficult.The comprehensive provisions on the system and content can provide theoretical support for judicial practice,so as to realize the overall standardization of the guardianship system for minors in China and reduce the probability of the phenomenon of unaccompanied minors.
Keywords/Search Tags:Juvenile guardianship system, State responsibility, State guardianship, Guardianship supervision
PDF Full Text Request
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