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The civil responsibility of guardianship and juvenile delinquency

Author: YuYue
Tutor: ZhangGuoYan
School: Shanghai Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: Guardian Duty Criminal Minors Guardians Guardianship
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 58
Quote: 0
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Abstract


The guardianship system is an important system for supervision and protectionminors’ personal, property and other legitimate rights and interests. Guardianship inessence is a duty or an obligation. The responsibility of guardianship covers allaspects of minors’ growth, including care, supervision, education, protection and soon. In recent years, the problem of juvenile delinquency has become increasinglyprominent. It can be seen from the large number of cases that guardians’ dereliction ofduty is one of the reasons that lead to juvenile delinquency. The guardians should bearcivil liability when they do not fulfill the duty of guardianship or do not fulfill theduty properly.Looking at China’s existing laws, the provisions of the guardianship civilliability is not complete and clear enough, and there are still some difficulties in thejudicial practice. To solve these problems, this paper presents a number ofrecommendations to improve the guardianship system.

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