Research On The Fact That The National Guardianship Of Unaccompanied Children

Minors are the hope of the motherland and the future of the nation.Because minors are not yet mature in physiology and psychology,their self-protection ability is weak,so they need protection from family,society and state to provide good conditions for their growth,study and life and create a healthy environment.Parents are the best teachers for their children.Parents undoubtedly play an important role and role in the process of growing up.However,in real life,the parents of minors lack the guardianship ability due to the objective conditions of the subject,and cannot fully perform or fail to perform the duties of guardianship of minors,causing the minors to fall into the dilemma of de facto unsupervised..For example,minors are in fact due to poor parental supervision(drug abuse,gambling,alcohol abuse,etc.),difficulties in custody(mental illness or other serious illness,physical disability,etc.),lack of guardianship(in custody,forced measures,etc.)No one is raising.According to the relevant provisions of the legal system for the guardianship of minors,the legal guardian of a minor is not only a parent.When the parent of a minor has died or has no guardianship,other relevant persons or organizations may also act as guardians of the minor.However,the fact that the parents of unaccompanied children are only inadequate in guardianship,are not suitable for guardianship,are unable to guard against,cannot be guarded,and are not without guardianship.Therefore,the legal guardian of the fact that no one is raising children is still a parent.Although China has established a relatively complete child welfare guarantee system for orphans,because the fact that unattended children are not really orphans in the legal sense,they cannot be included in the institutional guarantee of orphans.Due to the absence of parental guardianship of minors,when the legitimate rights and interests of unaccompanied children are violated,they often cannot get timely and effective help and guidance from their parents.It is easy to form a rebellious personality,introverted,and hostile to the outside world.psychological.When the self-esteem is extremely sensitive,the fact that unattended children are facing the risks of the outside world can easily lead to psychological deviations driven by nervous and uneasy emotions,which leads to deviations in behavior.Therefore,when the guardianship from within the family is insufficient to protect minors,the state should intervene in the parental supervision of the unaccompanied children by means of variouspublic powers,and make up for the insufficiency of the guardianship of the minor's parents.Healthy growth creates a good environment.In this paper,from the perspective of state custody,according to the judicial judgment of the people's court to confirm the fact that no one is raising children,the state custody organs respectively implement corresponding safeguard measures according to different levels of state custody to ensure that the unaccompanied children of the facts get healthy and comprehensive development.Specifically,the people's court confirmed that the fact that no one is raising children is caused by poor parental supervision.The state guardianship department supervises the guardianship of the minor's parents,supervises and guides them to perform their duties of guardianship correctly;the people's court confirms that the facts are unguarded.Children are caused by difficulties in parental supervision.The State Guardianship Office provides assistance and relief to the guardianship of parents.The People's Court confirms that the fact that no children are being raised is caused by the lack of parental supervision.The State Guardianship directly monitors the minors and assumes no responsibility.State responsibility for the protection of adults.The logical structure of this paper is as follows.Firstly,by analyzing the legal dilemma of unaccompanied children by facts,the necessity of national custody of unaccompanied children is brought out,and the connotation and classification of state custody are elaborated.The state custody consists of three levels: Supervisory guardianship,state relief supervision,and direct state supervision.Secondly,it is classified according to the fact that the unmanned children are caused by the fact that the unattended children are divided into three categories: poor supervision,difficult supervision,and lack of supervision.On this basis,the establishment of the judicial confirmation system for unaccompanied children is established,and the various levels of factual care of unaccompanied children are clarified,that is,the state has inadequate supervision and supervision,and the state has inadequate supervision and supervision.Finally,it discusses the specific safeguard responsibilities and measures of the state custodial organs in all levels of the state supervision of unaccompanied children.