Problems and Improvement of The Guardianship Supervision System for Minors in the Civil Code

Abstract

 In recent year, the issue of supervision of minor guardianship has gradually become a hot topic of discussion. To a large extent, it is related to the frequent occurrence of cases of children's injuries due to the negligence of the guardians of minors in fulfilling their guardianship duties. At present, China has established a guardianship system which is mainly based on family guardianship and supplemented by state guardianship. However, this is only the relevant provisions of the juvenile guardianship system, and the system of juvenile guardianship supervision is still scattered in the Law on the Protection of Minors, the Civil Code, and the Law on Combating Domestic Violence, etc., which is most obviously manifested in the generality and limitations of the provisions of the juvenile guardianship supervision system, and the limitations of the scope of the adjustments have led to the passivity of the minors in safeguarding their rights. Modern society advocates "children's rights-based", under this trend, the custody of minor children will not only the family within the matter, but also should be included in the adjustment of society and the state, with the help of their power to safeguard the legitimate rights and interests of minors. In this paper, we will start from the existing system of supervision of minors' guardianship in China, discuss the lack of supervision system of minors' guardianship, and put forward some suggestions for improvement.