Reflection And Perfection Of The Guardianship System Of Minors In China

As for the view of the custody of minors,our country has always considered that it belongs to the internal category of the family.The legislative provisions on guardianship system are also mainly family guardianship.However,in the event of a lack of family custody,minors are highly vulnerable.In order to maximize the protection of the legitimate interests of minors,it is important to recognize the importance of type of guardianship other than family guardianship.This paper discusses the current system of guardianship of minors in China,reflects on the existing problems and makes suggestions.The article consists of four main aspects:The first part is an overview of the guardianship system of minors,including the specific meaning,the development process of our system,as well as the current legislative status quo.The development process of china’s juvenile guardianship system includes the ancient system of care for orphans in China,the formation of modern guardianship system and the development of the new Chinese guardianship system.The present situation of legislation introduces the framework of the current juvenile guardianship system,which is the foundation of many contents below.The second part discusses the system of guardianship of minors abroad and the enlightenment significance of China’s legislation.The overseas juvenile guardianship system is analyzed from the perspectives of the common law system and the civil law system countries,and the enlightenment of the guardianship system of minors in China is mainly reflected in the three aspects of paying attention to the protection of the interests of minors,refining the duties of guardianship and active intervention of public power,which provide reference for perfecting the guardianship system of minors in China.The third part is the existing problem of the guardianship system of minors in our country,mainly from the family guardianship as the core of the guardianship system is insufficient,the specific duties of the guardian lack of clarity,the guardianship supervision system is not perfect,the guardianship termination system is not perfect four aspects of analysis.Part Ⅳ mainly to improve the existing system defects,but also from four aspects of analysis: First,improve the guardianship system of minors with family guardianship as the core,including expanding the scope of the subject of guardianship of minors,strengthening the intervention of public power and clarifying the types of guardianship provisions in three aspects;Second,guardianship duties guardian to be clear,specifically reflected in the person and property two aspects;Third,the improvement of the guardianship supervision system in all aspects,the establishment of a special subject of guardianship supervision,and through the improvement of the guardianship supervision system of specific measures to ensure the effect of guardianship supervision;Fourth,to refine the provisions of the guardianship termination system,clear guardianship termination situation and the consequences of guardianship termination,to achieve the protection of the rights and interests of minors in the case of termination of custody.