Identification and Transfer of Drug Addicts’ Guardianship
|School||East China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Guardianship institution Guardian identification Guardian transfer Loss of guardianship Guardianship of minor children Guardianship of drug addicts|
With fast growing of the number of drug addicts, more and more minor children of drug addicts became out of guardianship, and this has been gradually becoming a serious social issue, which could be harmful to minor children’s growth. Definite laws and social mechanism of guardianship are needed to identify the qualifications of drug addicts to be the guardian of minor children. Meanwhile, valid mechanism of guardianship transferring is also essential to save the children without guardianship. Originally, guardianship laws are aimed to protect the family’s interests by avoiding loss of property through the father’s authority. It is entirely rights of identity. Along of progress in civilization and legal, guardianship has been turned into an obligatory kind of law which is meant to guarantee the minor children’s personal and property safety. The“maxim of children’s benefits”is the principle to handle the guardianship related cases. The basic laws of guardianship laws in our country is guardianship related articles in“General Principles of the Civil Law”,“Law on the Protection of Minors”and“Marriage Law”. Usually the relationship is the first factor to be considered when deciding the guardian. But this does no meet the principle of“maximizing of children’s interests”. The actual capability to take the responsibility of guardianship and the influence on children is the most important factor to be considered instead especially for drug addicts. Since the responsibilities of guardianship contains not only the protection of personal and property safety, but also providing well education and being agent of their minor children when commencing a civil lawsuit in the people’s court and assuming the corresponding civil liability. In most conditions, drug addicts are not capable to take all responsibilities of the guardianship, they could have other people to carry out the responsibilities together. When minor children were practically in loss of guardianship, legal means should be taken to transfer to guardianship to other qualified guardian. Moreover there should be some kind of public authority to intervene as soon as possible to help minor children to regain guardianship. For drug addicts, it is more valuable to integrate the whole social resources to help and support them to reconstruction the ability to take the blames of guardianship. After all, as long as definite laws of recognizing the qualification of drug addicts to take the responsibilities of guardianship as well as effective guardianship transfer mechanism are established, minor children of drug addicts could be rescued from loss of guardianship.