公法视野下我国未成年人监护干预制度研究-民商法专业论文.docxVIP

Sha Shanghai Normal University Master of Law Abstract 万方数据 万方数据 Abstract Minors are the future of a country.The minors guardianship system is an umbrella which is especially developed by every country for protecting minors. The law and regulations for minors have been improved with the increasing development of the various social causes. However cases in which minors’ legitimate rights and interests is damaged because of the improper guardianship in family are more and more. As this reason,people begin to seek national public power intervention mechanism in order to perfect every systems of protecting minors, which make the minors guardianship system be better in terms of person, property and other legitimate rights to maintain minors. On the basis of general principles of civil law, our country establishes the law of the protection of juveniles, marriage law and other kinds of minors guardianship system, but in which there are all kinds of problems including general and fuzzy level of law, imperfect guardianship system,and every imperfect kinds of supporting measures, which warn us that we need explore and research new institutional reform. In other facts, the increasingly mature public power intervention mechanism is a kind of system built by country on the basis of many great nations researching their own development patterns. Look around the world, civil law system and common law system,two different systems all learn from the modern meaning of guardianship and intervention according to their own state situation in view of guardianship problems. Our country can research the cultural meaning and factual reference value proceeding from comparatively perfect guardianship intervention law system and mature guardianship intervention system,in addition to analyzing our legislative status of minors’guardianship supervision and national government intervention mechanism. The embodiment of national public power in aspect of guardianship field makes guardianship system in