Study On The Alteration System Of The Minors Guardianship Improvement Of China

The alteration system of the minors guardianship embodies altering the legal guardian and the guardianship procedure,and guaranteeing the minors’ rights and interests after the alteration,which is defined as the alteration of guardianship’s content and procedure caused by the guardian,and the system created by the corresponding consequences.The alteration system of the minors guardianship is the core content of the the minors guardianship system.Establishing and improving a sound alteration system of the minors guardianship is the urgent need to consummate the guardianship system,and also the inevitable requirement to defending the minors personal safety,property security and other rights and interests.Our country has established the legal system of guardianship alteration,which is based on the General Rules of the Civil Law,and supplemented with the Advice of the General Rules of the Civil Law,the Advice of the Guardian Abuse Disposal,the Law of PRC on the Protection of Minors and the Law of Marriage,which in addition ensures the specific content and procedure of the guardianship alteration system.However,protecting the children’s rights and interests is core idea in today’s environment of children protection in the world,while the past actions of guardianship alteration increasingly happen,the scope of the guardianship alteration increasingly extends,and the shapes of the guardianship alteration increasingly becomes complicate,which makes the alteration system of the minors guardianship itself hard to keep pace with the change of the environment.Under the incomplete condition of our guardianship system,the alteration system of the minors guardianship is confusing on the reasons of the guardianship alteration in the content,competing with the authority for guardianship alteration,and unclear of the qualification of the new guardian,and other questions.Simultaneously,during the procedure of the guardianship alteration,many contents in the judicial procedure can’t run smoothly,the insurance system after the guardianship alteration is defective and other disadvantages during the guardianship alteration have appeared.According to the incomplete alteration system of the minors guardianship in our country,and combining with the continental legal system countries’(regions),British and American superior alteration system of the minors guardianship,this paper proposes four sections to consummate the alteration system of the minors guardianship,which includes the theoretical contexts,available incomplete legislation system,comparing with the overseas relevant law,and the consummation of the alteration system of the minors guardianship.Besides with the introduction and conclusion,this paper consists of four sections on the structure,which are mainly as follows:The first section is discussed on the theoretical contexts about the alteration system of the minors guardianship.Because our country’s guardianship system itself is incomplete,there are some arguments on the definition,quality,function and other aspects of guardianship.This section summarizes the basic content and defines the conception of our guardianship though combing the historical development of our guardianship system.The arguments on the quality of our guardianship have influenced the orientation of the alteration of guardianship system.According to the relevant laws and regulation and scholars’ views,this paper clarifies the property issues of the guardianship,and ensures the duties of the guardianship.At last,in terms of the guardianship function,this paper amplifies the modern guardianship system and the tendency of integrating the kinship with minors rights and interests,which also indicates the attitude of this paper to our country’s special supervision mode.The second section is discussed on the content of the alteration system of the minors guardianship,referring to the whole procession of the guardianship alteration.This section indicates the our country’s present legislative situation and stresses the disadvantages of the alteration system of the minors guardianship by combing roundly the definition,reasons,procedure and results of the guardianship alteration.By means of analysis,this section estimates that the content of our alteration system of the minors guardianship has many disadvantages,the procedure of the guardianship alteration is relatively simple,and our alteration system of the minors guardianship is short of assurance after the guardianship alteration.The main content of the third section is the observation of overseas relevant law.At first,it analyses the beginning and ending of the guardianship system in the continental legal system countries and religions including of Germany,Japan,Sweden and Taiwan,which also combs the superiority of the content,procedure,and assurance of the guardianship alteration in the continental legal system countries(regions),and simultaneously inspects the British relevant separate laws and regulations among Anglo-American law system countries(regions) and Hong Kong’s.By means of analysis,this section indicates the preferable structure and direction of our guardianship alteration system.The fourth section proposes several advice about consummating concretely our alteration system of the minors guardianship in terms of its content.This section indicates that in the content of our alteration system of the minors guardianship,we shall ensure the judicial authority as the only authority in the legislation system,and principally affirms the reasons of guardianship alteration and the qualification of the new guardian;in the procedure of the guardianship alteration,we shall make the special trial procedure as one of the basic procedures in the civil courts and the unitary procedure of the guardianship alteration,and improve gradually the identification procedure of the relevant guardian’s ability and the confirmation procedure of the guardianship alteration agreement validity;at the result of the guardianship alteration,we shall combine the connection of the system to ensure the accomplishment of the guardianship alteration successfully.At the last of this paper,based on the guardianship alteration’s significant assurance effort under the supervision system,I suggest that we shall establish the civil administration department as the major supervision department.