Research On The Guardianship Supervision System Of Minors In China

Minors are the future and hope of the country,but also the most precious wealth of the whole society.However,this group has repeatedly been victimized.In reality,incidents of neglect and maltreatment of minors by their guardians frequently occur.As a vulnerable group,they need strong legal weapons to provide security,at this time the minor guardianship system is particularly significant,it is an important force to promote the guardianship system to achieve the legislative purposes.Through standardizing the Act of Guardianship,guardianship supervision urges the Guardian to perform the duty of guardianship,thus protecting the rights and interests of minors.China's system of guardianship and supervision of minors was gradually established and developed under the background of the international community's advocacy and implementation of the "principle of the best interests of the child".At the same time,for the minor guardianship,the existing means of supervision are mainly ex post remedial measures,lack of day-to-day supervision,supervision is not enough,and it can not play a good supervisory effect.It can be seen that there are many deficiencies in the guardianship of minors in our country.This paper studies the present situation of the legislation and judicial practice of guardianship of minors in China,analyzes the defects of the system,combines the theoretical basis of guardianship and the legislative experience of foreign countries,put forward the perfect proposal that suits our country situation.In addition to the introduction,the article is divided into four parts.The first part mainly analyzes the current situation of guardianship supervision of minors in China.This part sorts out the laws and regulations on the guardianship supervision of minors,and analyzes the current situation of the guardianship supervision of minors in China with the "first case of disqualification of guardianship",and summarizes the shortcomings of the current guardianship supervision system of minors in China.The guardianship supervision of minors in China is relatively scattered,and the regulations are so general that it actually lack of operability.The judicial status of guardianship supervision is not optimistic,and the guardianship supervision system of minors needs to be improved.The second part mainly introduces the theoretical basis of the guardianship supervision of minors.First of all,minors belong to the socially disadvantaged groups,no matter their physical and mental development is incomplete,the knowledge reserve and social experience are not equal to the guardians at all,thus they are in the custody of the disadvantageous position.Secondly,the nature of guardianship gradually develops from right to duty,and the legislative idea of minor guardianship gradually changes from "parent standard" to "child standard".Finally,the issue of guardianship of minors is no longer just a family responsibility,but a gradual transition to social responsibility.Therefore,the minor guardianship supervision system is necessary,the guardianship needs the intervention of the public power to limit the guardianship behavior,urges the guardian to perform the guardianship duty.The third part introduces the legislation of the extraterritorial guardianship supervision system of minors.In this part,the author analyzes the current legislation situation of the countries represented by the civil law system and the common law system.The guardianship supervision systems of the minors in each country are different but each has its own characteristics,which play an important role in protecting the rights and interests of minors in the country.By Studying the foreign legislative experience,the author explores the places that worthy of learning and reference in China.The fourth part puts forward suggestions for improving the guardianship supervision system of minors in China.Based on the previous analysis and argumentation,this part combines the experience of foreign countries and the current laws and regulations in China,and proposes a series of recommendations in line with China's national conditions,including establish the basic principles of guardianship supervision,clarify the subject of guardianship supervision of minors,improve the measures and supporting mechanisms of guardianship supervision of minors,clear the legal responsibility in the system and the specific circumstances of termination of guardianship and supervision.