關(guān)于完善未成年人監(jiān)護(hù)制度的思考
發(fā)布時(shí)間：2018-12-08 19:13
【摘要】：未成年人監(jiān)護(hù)制度不僅關(guān)系到未成年人的人身財(cái)產(chǎn)安全,還關(guān)系到社會(huì)的穩(wěn)定發(fā)展。未成年人監(jiān)護(hù)制度是指享有監(jiān)護(hù)職責(zé)的人或者組織對(duì)未成年人的人身、財(cái)產(chǎn)等合法權(quán)益予以保護(hù)的法律制度。未成年人監(jiān)護(hù)制度的完善,不僅是建設(shè)中國(guó)特色社會(huì)主義法律體系的需要,也是保障社會(huì)穩(wěn)定發(fā)展需要。我國(guó)現(xiàn)行的未成年人監(jiān)護(hù)制度主要由《民法通則》、《未成年人保護(hù)法》、《婚姻法》等法律法規(guī)組成。但是,隨著侵害未成年人權(quán)益的事件越來越多,未成年人監(jiān)護(hù)制度受到了各種各樣的挑戰(zhàn)。現(xiàn)實(shí)生活中,未成年人監(jiān)護(hù)涉及到的矛盾越來越尖銳,甚至導(dǎo)致了種種社會(huì)悲劇的發(fā)生。究其原因,關(guān)鍵是社會(huì)的發(fā)展與法律制度滯后所致�；谏鲜鰡栴}意識(shí),本文擬針對(duì)我國(guó)目前未成年人監(jiān)護(hù)制度中存在的問題,結(jié)合我國(guó)的基本國(guó)情,借鑒發(fā)達(dá)國(guó)家的未成年人監(jiān)護(hù)制度,主要運(yùn)用中外制度比較的方法,思考我國(guó)未成年人監(jiān)護(hù)制度的應(yīng)然形態(tài)。本文擬從四個(gè)方面對(duì)未成年人監(jiān)護(hù)制度予以剖析。第一章是未成年人監(jiān)護(hù)制度的概述,闡述其產(chǎn)生、發(fā)展、概念以及性質(zhì),梳理出未成年人監(jiān)護(hù)制度中涉及的重要概念,確定監(jiān)護(hù)的性質(zhì)。第二章是考察我國(guó)未成年人監(jiān)護(hù)制度的現(xiàn)狀、缺陷及研究的價(jià)值,主要分析我國(guó)現(xiàn)行未成年人監(jiān)護(hù)制度存在幾個(gè)問題,即監(jiān)護(hù)種類的欠缺,缺乏完整的法律法規(guī),以及對(duì)監(jiān)護(hù)人的監(jiān)督措施缺失等方面的問題。第三章是對(duì)域外未成年人監(jiān)護(hù)制度的考察和比較。其對(duì)象是,兩大法系有代表性國(guó)家的未成年人監(jiān)護(hù)制度,以期尋找對(duì)完善我國(guó)未成年人監(jiān)護(hù)制度的路徑。第四章是完善我國(guó)未成年人監(jiān)護(hù)制度的幾點(diǎn)思考。即在上述分析研究的基礎(chǔ)上總結(jié)我國(guó)現(xiàn)行制度面臨的問題,提出完善我國(guó)未成年人監(jiān)護(hù)制度的具體辦法,即增加監(jiān)護(hù)的種類、取消單位等的監(jiān)護(hù)職責(zé)以及加強(qiáng)對(duì)監(jiān)護(hù)人的監(jiān)督等辦法。
[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.
【學(xué)位授予單位】：中國(guó)社會(huì)科學(xué)院研究生院
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：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.
【學(xué)位授予單位】：中國(guó)社會(huì)科學(xué)院研究生院
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2017
【分類號(hào)】：D923.9
【相似文獻(xiàn)】
相關(guān)期刊論文 前10條
1 張蕾,張自明;從李思怡案看監(jiān)護(hù)制度設(shè)計(jì)的價(jià)值取向[J];西南民族大學(xué)學(xué)報(bào)(人文社科版);2004年10期
2 王竹青;德國(guó)從成年人監(jiān)護(hù)制度到照管制度的改革與發(fā)展[J];北京科技大學(xué)學(xué)報(bào)(社會(huì)科學(xué)版);2005年02期
3 李因來;;世界各國(guó)成年人監(jiān)護(hù)制度的歷史演變及比較評(píng)析[J];湘潭師范學(xué)院學(xué)報(bào)(社會(huì)科學(xué)版);2007年02期
4 王U喰，
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