Study On The Entrusted Guardian Of Minor

Coming with the high-speed development of social life,the reasons why the guardians of minors can't do their duty become more complicate and harder to be solved.At the same time,minors as civil subjects can't avoid keeping forming lots of social relations with other civil subjects.In order to achieve the highest value that protecting the rights of minors,allow the guardians of minors to entrust their part of duties or all of duties to others is meeting the requirement of the reality social life,and also is a deeply reflect of private law autonomy as a civil law principle.Now our country haven't confirmed a system of entrusted guardian of minors at the level of basic civil law,the regulations about entrusted guardian of minors can only be seen in judicial interpretation,law of social guarantee,regulations of local governments,etc.Although the Article 36 of People's Republic of China General Principles of Civil Law involves the contents of the entrusted guardian,but this regulation doesn't definite the entrusted guardian of minors.Now it happens more frequently that parents of minors entrust their children to others because sorts of reasons,and there have already been lots of disputes actually.This article focuses at the phenomenon that parents entrust their children to others,and extracts main legal issues about the disputes of entrusted guardian of minors from a case,then study the issues in details,and put forward author's own opinions on this basis.If parents entrust their children to others with a written contract of entrustment,whether the trustee is a natural person,or a person in legal,or an unincorporated organization,rights and obligations of each party will be in the state of certainty and clarity.If there is a dispute,the contract can make it easier to judge and determine.So,what this article mainly discusses are the legal issues about entrusted guardian of minors with no written contract or an unspecified contract.The introductory part of this article begins from introducing the entrusted guardian of minors acting in social life and a real case about this kind of dispute.Then it put forward the specific legal issues that be discussed in this article,and describes the value of study,literature review and main research methods.From the first chapter to the last,this article discusses following legal issues about entrusted guardian of minors according to trustee as the nuclear clue,including how to identify a trustee,what obligations trustee should take,what fees trustee can asking minors' parents to pay,trustee can be the agent of minor in civil suit procedure or not;whether the parents are free to dissolve the entrustment to trustee;how to supervise the behavior of trustee through the social intervention system.Chapter One's content is: the study about how to identify a trustee without a written entrustment contract.Two circumstances have been discussed,firstly when trustee is a person in natural;secondly when trustee is a legal person or an unincorporated organization.Chapter Two's content is: the study about what obligations trustee should take.Two circumstances have been discussed,firstly about the obligations when appears minors' tort;secondly about the obligations when minor's rights are impaired.Chapter Three's content is: the study about what fees trustee can asking minors' parents to pay.Two circumstances have been discussed,firstly about the reward for the labor of entrusted affairs;secondly about the fees spend on minors.Chapter Four's content is: the study about trustee can be the agent of minor in civil suit procedure or not.It has been discussed that the circumstances trustee can be the agent of minor in civil suit procedure and whether the limit to trustee will benegative to the protection of the rights of minors.Chapter Five's content is: the study about whether the parents are free to dissolve the entrustment to trustee.It has been discussed that parents should be limited to dissolve the entrustment to trustee,and how to determine the behavior of trustee's continuing to do the entrusted guardian affairs after the entrustment contract was terminated by parents.Chapter Six's content is: the study about how to supervise the behavior of trustee through the social intervention system.It has been imagined that the structure of social intervention supervision and the contents of specific supervision and intervention work.The concluding part of this article is a summary of the author's opinions discussed from Chapter One to Chapter Six.