Study On Perfecting The State Guardianship System For Minors

With the progress and development of society,different types of guardianship needs have begun to emerge.The traditional "view on the benefit of guardianship rights" has also shifted to the "view on the best interests of disadvantaged groups".Such a change in guardianship objectively promotes people’s awareness of new minors.The acceptance and exploration of guardianship forms and the importance of the national guardianship system for minors have gradually attracted the attention of the society.As a part of the social security system,under the guidance of the theory of state responsibility and the theory of maximizing children’s interests,my country’s national guardianship system for minors has entered a stage of deepening development.The development process of the national guardianship system for minors in my country and outside the territory is being sorted out.In the process,this article concludes that compared with other guardianship methods,national guardianship of minors has three major characteristics: the creation of the guardianship relationship,the particularity of the guardian,and the implementation of guardianship.It also believes that the use of authority is more in line with the future.Definition of the nature of the adult national guardianship system.At present,the national guardianship system for minors in my country is becoming more and more perfect at the legislative level.A series of laws and regulations have been issued at the national and local levels to ensure the effective operation of the system.With the emphasis on the legislative level,the overall effectiveness of the system in implementation is relatively good.Significant,but there are also more prominent local problems.After summarizing and sorting out,this article believes that the following aspects are particularly problematic: the state guardianship’s intervention situation is not clear,the state guardian’s duty requirements are not clear,the state guardianship supervision norms are blank,and the specific rules for state guardianship withdrawal are missing.Through reflection,after analyzing the crux of these problems,this article believes that the reasons for the above problems are based on three major factors,namely,the imbalance of legislative ideas,the lack of integrity of the legislative system,and the inoperability of legislative technology.In order to solve these problems,by combing through the German national guardianship system for minors and the unique practices in practice in the United States,useful lessons can be drawn,which is mainly reflected in the construction and improvement of my country’s minor national guardianship system.Emphasize the professionalization of national guardianship,highlight the role of grassroots organizations,and pay attention to the supervision of national guardianship.Finally,this article puts forward a complete set of recommendations,specifically: First,in terms of national guardianship intervention norms,it should stipulate the basic-level regular visit system,establish a non-national guardian guardianship cancellation hearing system,and do a good job in the connection of temporary and long-term guardianship.Three aspects to improve;second,in terms of the national guardian’s responsibilities,clarify the division of responsibilities of the national guardian,and strengthen the relevant content of property guardianship;third,in terms of the establishment of the national guardian and supervisor of minors,from the selection of the state Guardianship supervisors and stipulations of national guardianship and supervision of human rights are two aspects to explain how to specifically set up in our country;fourth,in terms of the withdrawal rules of national guardianship,from the detailed requirements for the restoration of parental guardianship and the establishment of a follow-up evaluation mechanism after withdrawal To be clear.Through the above four suggestions,we hope to improve each stage,and strive to form an effective and closely connected national guardianship system for minors in order to fully protect the legitimate rights and interests of minors.