Research On The State Guardianship System Of Minors In China

The general provisions of the civil law clarified the responsibility of the civil affairs department to protect the underage in the guardianship of minors,which is a new regulation of the state guardianship system of minors in China and highlights the importance the state attaches to the protection of minors.However,on the whole,the general provisions of the civil law has not changed the situation that the guardianship of minors in China relies too much on family autonomy,and the state guardianship system of minors in China is still in its infancy,which is difficult to respond to a large number of guardianship problems of minors in real life,and it is in urgent need of improvement.In addition to the preface,the paper is divided into four parts:The first part firstly introduces briefly the concept of guardianship,then discusses the nature of guardianship,then puts forward the concept of the state guardianship system for minors,and further discusses the connotation and theoretical basis of the system,which lays a foundation for the writing of the following article.The second part combines theory with practice to investigate the status quo of the state guardianship system for minors in China.Through the study and analysis of typical cases,it is found that there are many problems in the operation of the current system,which are not only related to the imperfection of the subject of state guardianship,scope of application and other legislative levels,but also related to the imperfection of supporting systems such as guardianship supervision,guardianship support and subrogation guardianship.The third part discusses the national juvenile guardianship system carried on the thorough investigation,found that emphasis on the supervision of the state of family care and support as well as the common ideas of legislation,also has obtained the very good effect,and that’s what our country juvenile guardianship system of short board,mature foreign experience to perfect the related system of our country,has the vital significance.The fourth part firstly demonstrates the necessity and feasibility of perfecting the system,and then to ponder the present situation and problems of the legislative status quo and implementation,on the basis of appropriate draw lessons from foreign experience,put forward the main body of state monitoring,appropriately expand the scope of application of state monitoring,establishment of national guardianship supervision system,improve the system of national care support,such as perfecting Suggestions,in order to implement the state responsibility for the protection of minors,guarantee the healthy growth of minors.