Study on the Guardianship Supervision System of Minors in the Civil Code

Abstract

The guardianship system is crucial to the protection of minors. After the introduction of Chinese Civil Code, the guardianship system has incorporated the concept of socialization of minors’ protection, which has enhanced the operability of the guardianship system and provided a strong institutional guarantee for minors’ rights and interests. However, against the guardianship supervision system for minors, detailed provisions on parental authority and guardianship supervision have not been made, the connection between real-time supervision and post-facto supervision system is missing, and the cooperation on the part of the public authority for the intervention of the protection of minors has not been adequate. Although the Law on the Protection of Minors amended in 2020 supplements the guardianship system for minors in the Civil Code. Due to the difference in the legal nature between the Civil Code and the Law on the Protection of Minors, and the relevant provisions still need to be improved, there is still room for discussion and improvement of the guardianship supervision system for minors in the Civil Code.