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On the lack of guardianship of minors and Perfection of Legislation

Author: XiaoXiuJuan
Tutor: YinZhiQiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: guardianship parental rights guardianship system disappearance of guardianship legislation improvement
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 712
Quote: 8
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Abstract

The modern guardianship system originated from the guardianshipsystem of Roman Law which mainly aimed at protecting the family’sproperty, avoiding the ward to spend extravagantly or being annexed byothers, hence the interests of the legal heir of guardian and protégé wereencroached on. On one hand the guardianship system has the function ofprotecting the guardian’s fundamental rights and on the other hand it plays arole in safeguarding social stability. With the development of social progressand the human rights consciousness, the function and value goal ofguardianship system takes guardian’s interests protection as center.The fast development of market economy has caused the change of thesocial life style. In countryside, large quantities of young couple go downtown to work, leaving their children to their old and weak parents. In citiesminors are lack of complete guard after the divorce of their parents. Becauseof disappearance of guard, so-called “left-behind children ” and “waif”appeared. Subsequently it presented the rate of dropping out of school roseon the stage of rural compulsory education and the phenomenon of childlabor and teenagers’ crime question in the cities. The protection of thelegitimate rights and interests of the disadvantaged groups is the inevitablerequirement of the construction of modern civilization governed by law andthe harmonious society. Minors are future and hope of the country. Whenminors’ guardianship is lacked, the state law should offer the effective relief.The contemporary countries all over the world pay close attention tothe protection of interests of disadvantaged groups such as minors andmental patient very much. The guardianship system should be improved andto a certain extent become the country and social public affairs from family’sinternal affairs. In order to ensure the legitimate rights and interests ofminors and the mental patient, the law of our country has stipulated clearlythe guardianship system. The main regulation of guardianship system of ourcountry is in section two of chapter two of " General Rule of the Civil Lawof the People’s Republic of China ", the Supreme People’s Court has madeadditional regulations. The above-mentioned regulations form the basicframe of our country’s guardian system and have established the foundationfor civil justice and judicial practice. As for the complicate socialrelationships and the development of society, the above-mentionedregulations demonstrate the insufficient and defect day by day, especiallythere is no effective relief system design on the lack of minors’ guardianshipat present. The problems of the minor guardianship and the improvement oflegislation in our country’s guardian system are to be analyzed in this thesis.Chapter one of this thesis is about the outline of the guardianshipsystem. It sets forth the origin and development of the guardianship system,the concept and characteristics of guardianship, the basic content andfunction of the guardianship, the differences between guardianship andparental rights, etc. It demonstrates that the function and value object of themodern guardianship system takes the protection of guardian’s personal andproperty rights and interests as center.Chapter two focuses on explaining current situation of minor’sguardianship and the existing problem, analyzing a series of social concernscaused by the disappearance of guardianship in minors guard at present ofour country, explaining theoretically the foundation of the minor’s reliefobtained from the state. The state law should carry on the effective relief onthe disappearance of guardianship. The various circles of society explorethis actively, try hard to pursue the origin of the disappearance ofguardianship and its social harmfulness.Chapter three is some thoughts on improving the legislation of theminor’s guardianship and comments on the general legislation of minor’sguardianship and its weak point. The contemporary countries all over theworld have intervened appropriately to the minor’s guardianship with themeans of administration and justice to minors guarded the question. Theminor’s guardianship system is incomplete in our country nowadays. Facingthe lack of guardianship and the serious social concern that it causes, it isincomplete that the law offers relief. Our country is in the key period ofbuilding a country governed according to law, constructing the harmonioussociety at present. According to the disappearance of minor’s guardianship,the thesis has offered the suggestion of improving the minor’s guardianshiplegislation.

On the lack of guardianship of minors and Perfection of Legislation

Abstract

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