Comparison Of The Guardianship System Of Minors Between China And South Korea

In recent years,the problem of minors has become more and more prominent.On the one hand,it is mainly the personal abuse of minors caused by campus violence,and on the other hand,it is represented by the cases of property losses caused by minors using their parents' account to recharge their money due to online games.Since the establishment of the guardianship system for minors in our country,a legal system for the protection of minors has been formed with the "Law on the Protection of Minors" as the core.Although there are many laws related to the guardianship system for minors,there are many harms brought about by the imperfect system,which has caused damages to the personal rights and property rights of minors.Therefore,the key point to establish a perfect guardianship system for minors is how to establish and perfect the legal system for the protection of minors.Both substantive rights and procedural rights bring effective protection to the legitimate rights and interests of minors.This article compares the connotation,development and characteristics of the minor guardianship system with that of South Korea.By analyzing the substantive rights and procedural rights of minors and combining the development and experience of the minor guardianship system in South Korea,it finds out the problems of the minor guardianship system in our country,such as the small scope of guardianship subject,imperfect supervision system and obstacles in the litigation process,etc.Through comparative study,the following experience and suggestions are summarized:First,perfect the legal system of minors' guardianship system,distinguish parental power system from guardianship system,and solve the legal support problem of infringement of minors' personal and property rights.Then,a national monitoring system for guardianship will be established to strengthen the protection of minors through the country's strong support.Finally,the author puts forward some opinions on the establishment of the new system in the litigation procedure,especially on the construction of the special procedure for minors' civil litigation and the perfection of the protection system for minors' rights and interests in civil litigation activities.