The Analysis of the Minors’ Guardianship System in China
|School||Southwest University of Political Science|
|Keywords||the minors guardianship system guardian|
The guardianship is one of the civil legal system which is established for the guards and protections within the rights and benefits of the non-capacity in civil actions and the limited capacity in civil actions. With the rapid development of the economy and society, the ratio of divorce in China is growing higher and higher that is the unshakable situation and the phenomena of the cohabiting outside the marriage and the birthing outlaws are so common. So the lives and the educations of the boys and girls in the so-called“single parent family”would be effected a lot and how to protect these minors’rights and benefits becomes the hot point in the whole public. However, there are many problems needed to improve in the current guardianship system for the minors in Chinese laws and regulations. Therefore, this paper would like to choose the certain violation case in guardianship as the perspective to make the suggestions about the perfections in Chinese minors’guardianship system and give the author’s ponderings about the legal applications in such cases based on the examination of the similar guardianship in the other countries and areas. The whole text is divided into four parts: one is the rising of the question, two is the exams about the current situation of the minors’guardianship system; three is the disadvantages and suggestions about Chinese minors’guardianship legislations and the last one is the considerations on the legal application for the typical case above.