中国民法典之未成年人监护立法体系构建研究

Abstract

The improvement of the legislation system of juveniles’ guardianship embodies the harmony and unity of the logical system and the value system of the Civil Code, so that the Civil Code can form the organic combination, the orderly complementary and coordinated juveniles protection system. The General Principles of Civil Law of the People' s Republic of China stipulates clearly the basic framework and main contents of the guardianship system. The principle of the best interests of children and the principle of the autonomy of children are regarded as the basic principles of guardianship of juveniles and are embodied in the specific provisions of the guardianship system for juveniles which have enriched the system of guardianship of juveniles in China. The marriage and family legislation should adhere to the principle of the best interests of children, list parent-child relationship chapter and guardianship chapter separately, define “parental responsibility”. In the chapter of parent-child relationship, the rights and obligations between parents and children should be better clarified and the role of parents as the primary responsibility of the juveniles should be highlighted. The guardianship chapter should focus on improving and refining the guardianship system; clearly stipulate the supervision system; strengthen the national guardianship responsibility in order to give the maximum priority to protect the juveniles' rights.