关于完善未成年人监护制度的思考
发布时间：2018-12-08 19:13
【摘要】：未成年人监护制度不仅关系到未成年人的人身财产安全,还关系到社会的稳定发展。未成年人监护制度是指享有监护职责的人或者组织对未成年人的人身、财产等合法权益予以保护的法律制度。未成年人监护制度的完善,不仅是建设中国特色社会主义法律体系的需要,也是保障社会稳定发展需要。我国现行的未成年人监护制度主要由《民法通则》、《未成年人保护法》、《婚姻法》等法律法规组成。但是,随着侵害未成年人权益的事件越来越多,未成年人监护制度受到了各种各样的挑战。现实生活中,未成年人监护涉及到的矛盾越来越尖锐,甚至导致了种种社会悲剧的发生。究其原因,关键是社会的发展与法律制度滞后所致。基于上述问题意识,本文拟针对我国目前未成年人监护制度中存在的问题,结合我国的基本国情,借鉴发达国家的未成年人监护制度,主要运用中外制度比较的方法,思考我国未成年人监护制度的应然形态。本文拟从四个方面对未成年人监护制度予以剖析。第一章是未成年人监护制度的概述,阐述其产生、发展、概念以及性质,梳理出未成年人监护制度中涉及的重要概念,确定监护的性质。第二章是考察我国未成年人监护制度的现状、缺陷及研究的价值,主要分析我国现行未成年人监护制度存在几个问题,即监护种类的欠缺,缺乏完整的法律法规,以及对监护人的监督措施缺失等方面的问题。第三章是对域外未成年人监护制度的考察和比较。其对象是,两大法系有代表性国家的未成年人监护制度,以期寻找对完善我国未成年人监护制度的路径。第四章是完善我国未成年人监护制度的几点思考。即在上述分析研究的基础上总结我国现行制度面临的问题,提出完善我国未成年人监护制度的具体办法,即增加监护的种类、取消单位等的监护职责以及加强对监护人的监督等办法。
[Abstract]:Minor guardianship system is not only related to the personal and property safety of minors, but also related to the stable development of society. The guardianship system of minors refers to the legal system in which the persons or organizations enjoying guardianship duties protect the legal rights and interests of minors, such as their personal and property rights. The perfection of the juvenile guardianship system is not only the need of building the socialist legal system with Chinese characteristics, but also the need to ensure the stable development of the society. The current system of guardianship of minors in China is mainly composed of such laws and regulations as the General principles of Civil Law, the Law on Protection of minors and the Marriage Law. However, with more and more incidents infringing upon the rights and interests of minors, the guardianship system of minors has been challenged by various kinds. In real life, minor guardianship involves more and more sharp contradictions, even leading to a variety of social tragedies. The key reason is that the development of the society and the legal system lag behind. Based on the consciousness of the above problems, this paper aims at the problems existing in the current system of guardianship of minors in our country, combines the basic conditions of our country, draws lessons from the guardianship system of minors in developed countries, and mainly uses the method of comparing Chinese and foreign systems. Thinking about the form of minors guardianship system in our country. This paper analyzes the guardianship system of minors from four aspects. The first chapter is an overview of the system of guardianship of minors, expounding its origin, development, concept and nature, combing out the important concepts involved in the system of guardianship of minors, and determining the nature of guardianship. The second chapter is to investigate the status quo, defects and research value of the juvenile guardianship system in China. It mainly analyzes several problems in the current juvenile guardianship system in China, that is, the lack of guardianship types and the lack of complete laws and regulations. And the lack of supervision measures for guardians and other aspects of the problem. The third chapter is the investigation and comparison of the system of custody of minors. The object is the minor guardianship system in the representative countries of the two legal systems in order to find the way to perfect the juvenile guardianship system in our country. The fourth chapter is to perfect our country minor guardianship system several consideration. That is, on the basis of the above analysis and research, this paper summarizes the problems facing the current system of our country, and puts forward the specific measures to perfect the guardianship system of minors in our country, that is, to increase the types of guardianship. Cancellation of units and other guardianship duties and strengthen the supervision of guardians and other measures.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
[Abstract]:Minor guardianship system is not only related to the personal and property safety of minors, but also related to the stable development of society. The guardianship system of minors refers to the legal system in which the persons or organizations enjoying guardianship duties protect the legal rights and interests of minors, such as their personal and property rights. The perfection of the juvenile guardianship system is not only the need of building the socialist legal system with Chinese characteristics, but also the need to ensure the stable development of the society. The current system of guardianship of minors in China is mainly composed of such laws and regulations as the General principles of Civil Law, the Law on Protection of minors and the Marriage Law. However, with more and more incidents infringing upon the rights and interests of minors, the guardianship system of minors has been challenged by various kinds. In real life, minor guardianship involves more and more sharp contradictions, even leading to a variety of social tragedies. The key reason is that the development of the society and the legal system lag behind. Based on the consciousness of the above problems, this paper aims at the problems existing in the current system of guardianship of minors in our country, combines the basic conditions of our country, draws lessons from the guardianship system of minors in developed countries, and mainly uses the method of comparing Chinese and foreign systems. Thinking about the form of minors guardianship system in our country. This paper analyzes the guardianship system of minors from four aspects. The first chapter is an overview of the system of guardianship of minors, expounding its origin, development, concept and nature, combing out the important concepts involved in the system of guardianship of minors, and determining the nature of guardianship. The second chapter is to investigate the status quo, defects and research value of the juvenile guardianship system in China. It mainly analyzes several problems in the current juvenile guardianship system in China, that is, the lack of guardianship types and the lack of complete laws and regulations. And the lack of supervision measures for guardians and other aspects of the problem. The third chapter is the investigation and comparison of the system of custody of minors. The object is the minor guardianship system in the representative countries of the two legal systems in order to find the way to perfect the juvenile guardianship system in our country. The fourth chapter is to perfect our country minor guardianship system several consideration. That is, on the basis of the above analysis and research, this paper summarizes the problems facing the current system of our country, and puts forward the specific measures to perfect the guardianship system of minors in our country, that is, to increase the types of guardianship. Cancellation of units and other guardianship duties and strengthen the supervision of guardians and other measures.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
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