The Study On The Legal Path Of Determining Guardians Of Illegitimate Children

Article 27 of the Civil Law clarifying the legal order of the guardian of the minor closely related to the blood relationship.And stipulates that the most beneficial principle of the ward should be followed when selecting the guardian.When different guardians have the same willingness to monitor,how to interpret the legal guardianship order and select the guardian under the guidance of the principle that is most beneficial to the ward is a problem that needs to be studied.This article takes juvenile illegitimate children as the research object.When identifying such children's guardian,firstly,because the paternity relationship is difficult to identify,the biological parents,as primary guardianship,often perform their guardianship duties.Second,because of the differences in the interpretation of the legal order of custody,the factual guardians who are relatively behind the step-parent and the guardianship are often unable to obtain custody.The article compares the statute system of the General Principles of the Civil Law and the General Principles of the Civil Law.And combines specific cases to analyze the entities and procedural requirements for the stepparents,grandparents,and other individuals with custody intentions to obtain custody qualifications.Under the principle of guardian,how to carry out regularization of the principle and determine the guardian among the guardians of different guardianship orders.At the end of the article,referring to relevant academics,arguing that in addition to "giving custody according to the legal order of custody,it is also possible to select the guardian who is most beneficial to the ward from the perspective of the ward.