论未成年人监护制度-法律学专业论文.docxVIP

II II 更基层组织在未成年人监护中的职能、平衡监护人的权利与义务、建立有效的监 护监督制度与建立国家监护制度。 关键词：未成年人;监护制度;完善建议 III III Abstract Guardianship of Minors is a basic legal system ， which protect minors’ interest.The purpose of the system is to protect the minors person, property and other legitimate rights and interests, and ultimately maintain the normal social order. Guardianship of Minors is a legal system that the guardian of the minors person, property or other legitimate rights and interests protection and supervision. Secondly, author introduces four different views, including theory of rights, theory of obligations, theory of integration of rights and obligations, and theory of responsibilities, of the nature of the Guardianship of Minors in the academic world. These views have their own reasonable, but the view of this article is that Guardianship is a kind of obligation as the center of social rights, and explained why. Thirdly, the author analyzes the content of GMO, specifically including the personal care of minors and protection of minors, property management and agency for civil conduct. Finally, this chapter clarifies the function of guardianship of minors, including protecting the legitimate rights and interests of minors, adding capacity for civil conduct, the function of maintaining social transaction security and social security functions. The monitoring system originates in Roman law. In Roman period, guardianship is designed for people with complete right, and its purpose is to protect the property interests of the family. Guardianship of minors in Civil law countries is inherited from and developed of the Roman law of guardianship system, which then affected Guardianship of minors in common law countries. However, in modern times, national GMO legislation has undergone great changes. The author selected in two legal representative of the countries - France, Germany and Britain, the United States Guardianship of minors to analyze the evolution of legislation. Section II based on th