On The Temporary Guardianship System Of Minors In China

The Civil Code of the People’s Republic of China and the Law of the People’s Republic of China on the Protection of Minors provide for a temporary guardianship system for minors,but some details still need to be improved.Chapter 1 introduces the problems of China’s temporary guardianship system for minors in three aspects: initiation,placement and termination through three typical cases.The problems in initiation are lagging intervention and irregular initiation;the problems in placement are irregular placement and risk of infringement of rights and interests;and the problems in termination are inconsistent articulation mechanism and inconsistent period.Chapter 2 analyzes the problems of initiation of temporary guardianship of minors and makes suggestions for improvement.There is a lack of prior warning intervention system and a mandatory reporting system to be improved;the legislation does not specify the initiation procedure and does not distinguish between emergency placement and temporary guardianship.It is recommended to establish an early warning intervention mechanism,improve the mandatory reporting system and focus on cultivating guardianship,which should be registered by civil affairs and initiated by court review.Chapter 3 analyzes the problem of temporary guardianship placement of minors and makes suggestions for improvement.There is a lack of placement places,funds and human resources;the fact that minors’ rights and interests are damaged is difficult to discover and there is a lack of an effective supervision system.It is recommended to improve the conditions of placement places,funds and talents,and to focus on the investment and construction of rescue and protection centers for minors;to clarify the procuratorate as the main body of supervision,and to specify the specific supervision mechanism.Chapter 4 analyzes the problems in the termination of temporary custody of minors and makes suggestions for improvement.It is not clear that the interface mechanism,temporary custody termination criteria and long-term custody selection procedures are unclear;temporary custody of minors during the period of one-sided provisions,the application of the period of complex circumstances need to consider the judicial litigation period,the placement method and long-term custody method.It is recommended that the criteria for termination of temporary guardianship and the articulation assessment procedure be clarified;the period of temporary guardianship of minors should be comprehensively stipulated,taking into account the period of judicial proceedings,the placement method and the specific situation of the long-term guardianship method.