Study On The State Guardianship System Of Minor’s In China

The system of guardianship becomes public law,and the state intervenes in the field of private law in an appropriate way to make up for the deficiency of family guardianship,which has become a trend of the legislation in the field of guardianship in the world.In Germany,France,the UK,the US and so on,the state guardianship of public intervention has gradually become a system.In China,the guardianship of minors is mainly based on family guardianship.However,the maltreatment,abandonment,sexual assault and other malignant incidents of minors have repeatedly appeared.The issue of the guardianship of minors has caused wide public concern in the whole society.The healthy growth of a child cannot be separated from the small family environment and the social and national environment of the joint care.In the tide of social development,the defects of family guardianship are increasingly exposed in judicial practice.In the process of perfecting and refining the guardianship system of our country’s laws,we have gradually realized the importance of state guardianship.This paper based on the national juvenile guardianship,with minor guardianship system of state intervention in the private law field play out care for Angle of view,by analyzing the nature of the concept of guardianship,and other related concepts,at the theoretical foundations,analysis of extraterritorial legislation condition of minors state monitoring system,the mainland legal system comparative study of parental power system and Anglo-American law system monitoring system,summarizes the development trend of world national juvenile guardianship system,understanding of other countries’ construction of the system,by reading the development course of guardianship system in our country,summarized with the law of the People’s Republic of China civil code and the newly revised minors protection law and other laws and regulations regarding the present developing trend of the system in the legislation analysis,from the perspective of national responsibility under the analysis of our current legislative practice of minors under the present situation of the state monitoring system,analysis the defects of the system in our country’s practice,will from clarifying the relationship between parental authority and guardianship system,set up special guardianship management institutions,focus more on the minors’ mental health,enhance the system of guardianship supervisory system and form a complete set of auxiliary perfect Suggestions are put forward,This paper provides some thoughts and methods to figure out the problems existing in the present guardianship system of minors,and offers institutional guarantee for the favourable growth of minors.