Research On The Guardianship System Of Minors In My Country

Minor guardianship system is an important civil law system.From the ancient Roman law period,the system is developed and improved constantly,start to transition from private law gradually to attention to both public and private.The value of the system is to protect the personal,property and other lawful equity of minors is inviolable and maintain the normal social order.After the implement and improve of the Civil Law,the law of the protection of juveniles and other laws and regulars,the minor guardianship system in our country is still exist many drawbacks in the legal principle,main body,the guardian of guardianship supervision,supervision of the state,and so on.It is behind the development of the international minor guardianship system,and lagging behind the current actual of minor guardianship in our country.This paper aims to analysis the minor guardianship system of other countries to provide some suggestions for perfecting the minor guardianship system of our country.There are four parts in this paper.The first part elaborates the concepts,nature and value of minor guardianship system.From the minor guardianship system of some typical countries such as America,France and so on which belong to Anglo-American law system and continental law system perspective,the second part propose the necessity of perfecting the system of our country.The third part analysis the minor guardianship system of our country.According to the analysis,there are many issues in the system such as the selection and supervision of guardian,the right,duty and benefit of guardian and the guardianship of nation.In the fourth part,propose the conception of the system from abstractions principle to specific system design,hope the perfection of legal system of our country can finally better protect the lawful equity of minor.