Research On My Country's Guardianship System From The Perspective Of The Principle Of Children's Best Interests

With the continuous development of the principle of the best interests of children,the concept of child protection is deeply rooted in the hearts of people,and the child custody system,which is closely related to the protection of children's rights,has become the focus of the improvement of the national system.As an important part of the guardianship system,child custody is not only a welfare system shared by children who are opposite to the adult society,but also a supervision and protection method tailored to each child,so that children can be protected in the development of social politics,economy and culture.Based on the inherent requirements of the principle of the best interests of the child,this article,through the analysis of the general comments of the Committee on the Rights of the Child,the State party reports submitted by our country and relevant documents,clarifies the inherent relationship between the protection of relevant rights under the principle and the perfection of the child custody system.It also discusses the problems and improvement measures of the child custody system in our country from the three specific angles of children,parents and the state under the principle of the best interests,including the children's right to express opinions,parental responsibilities and the children's right to receive special protection and assistance from the state.Secondly,the article makes an in-depth analysis of the deficiencies of China's child custody system from the perspectives of legislation,justice and administration,specifically involving the deficiencies of the custody system,the insufficient protection of children's personal and property rights,the unclear division of responsibilities of guardians,and the low level of initiative of the state to intervene in child custody affairs.Based on the inherent requirements of the principle of the best interests of the child,the article not only analyzes the types of protection of relevant rights,but also discusses the degree of protection of rights.Through reviewing and summarizing the current situation of the protection and standardization of the above three aspects in our country,and comparing with overseas experiences,the article puts forward specific suggestions such as perfecting the guardianship system,protecting the children's personal and property rights,clarifying the guardian's responsibilities,strengthening social supervision and promoting the intervention of the state public power and more.Under the guidance of the principle of the best interests of the child,the article hopes to provide practical and effective improvement measures for the development of the child guardianship system in our country from the aspects of the child guardianship system itself and the participants.