Current，The use of national guardianship mechanisms in the protection of minors in my country shows a significant growth trend: First, the civil affairs department applies for an increase in the number of custody qualification cases，National Supervision、Intervention and even if necessary to replace family care in accordance with the law to become a social consensus; the second is the risk and disadvantage of folk maintenance，When the state is forced to take over the case of a case of being adopted by a private adoption child, it occurs。

The more more it is，The more should be used as the law。In the construction of the rule of law，National Guard not only requires a more magnificent vision and positive actions，It also needs more mature operating mode and standardized institutional system。"General Principles of the Civil Law", although the preliminary national guardian framework has been established，But it is still not enough to cope with the long -lasting qualitative unclear in this field、The path is unknown、Insufficient resources、Poor mechanism and other practical problems。In the future, the "Protection Law of the Minors" can be passed through the social law category，Refined the national supervision that has been included in the civil monitoring system，Comprehensively regulate the launch and implementation mechanism of national monitoring，The national monitoring system with a comprehensive system through the integration of multi -government integration，Improve the level of protecting the rule of law in my country。

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​​1986 The General Principles of the Civil Law stipulates that the people's court can revoke the qualifications of the guardian in accordance with the relevant subject，The civil affairs department can replace the supervision responsibility when the civilian monitoring subject is scarce，But the subject that has not explicitly applied for the qualification of the guardian，As a result, bet365 best casino games it is difficult for the national monitoring function to land。Dang State Supervision，Civil monitoring may fail or even abuse。A social organization collected 697 cases of child abuse from 2008 to 2013 through media reports，74.75%of the perpetrators for their biological parents，Among them, there are many malignant extreme cases。Supreme People's Court、Supreme People's Procuratorate、Ministry of Public Security、The Ministry of Civil Affairs jointly issued the "Opinions on Corresponding to the Rights and Interests of the Rights and Interests of Minors in accordance with the law"，Stipulate that the guardian seriously infringes the disposal regulations of the guardian qualification in the situation of the minors。2015，The first case of civil affairs department in Xuzhou City, Jiangsu Province applied for cancellation of the guardian qualification case，civil affairs organs、civil affairs organs、People's Court and other duties、Connection order，Fully reflects the ability and responsibility of state organs to fulfill their duties of national guardianship。

The General Principles of the Civil Law announced in 2017 absorb relevant system and practical experience，Putting a settlement of the civil affairs organs to the first place in the institutional supervision，and clarify the function of being undertaken by the civil affairs organs to apply for the qualification of the guardian。other，Thanks to the enrichment of the monitoring system itself，Establishment of national guardians、Responsibilities and termination, etc.，But the state monitoring has an institutional mission and inherent characteristics that is different from civil monitoring，Urgently needs to propose system solutions and standard systems for many practical problems。

　　The qualitative needs to be clearly unblocked

In our country，The concept of national monitoring has attracted widespread attention starting from the "Chinese Children's Development Outline (2011-2020)"，This file clearly requires "Gradually Establishing Family Monitoring as the main body，Community、Schools and other relevant units and personnel supervision are guaranteed，Monitoring bet365 live casino games system with national monitoring "。But the General Principles of the Civil Law and the General Principles of the Civil Law did not adopt the expression of "national guardianship"，and the "Protection Law of the Minor" attributed the civil affairs department to the rescue of the civil affairs department to the "temporary monitoring liability"，Some pointing but hidden。Due to the lack of clear legal definition，Care protection for national monitoring and care for left -behind children、The relationship between the protection of minors such as the rescue of wandering children is blurred，Lack of effective connection and organic fusion between the two。State guards for orphans are limited to the work category of the civil affairs department，Cased of cancellation of parental monitoring cases faded out of the public vision after establishing the monitoring right of civil affairs。This is not conducive to realizing the best interests of minors，It is not conducive to assessing and improving the protection system of minors。

In practice，State guards for orphans still have gaps in the coverage range and care standards。According to the "Statistics of Social Service Development Statistics 2017" released by the Ministry of Civil Affairs，As of the end of 2017，There are 410,000 orphans in the country，Including 86,000 orphans in concentrated support for support，Social Sanda 324,000 orphans。Where，Concentrated support orphans is a group that clearly includes national care，But the support capacity of public welfare agencies is obviously insufficient and the support level is limited，Nutrition rehabilitation and medical needs of special groups such as disabled children and other special groups。A considerable part of the social scattered orphans belongs to the perspective of the departure of the country、Legal relationships and legal responsibilities are not clearly adopted，There are major risks such as ignoring children's rights and even endangering personal safety。2013，"Love Mother" in Langcao County, Henan Province, Yuan Li will take a fire in the place where the home can return to children，Causes the child to die and injury，is the painful lesson of the front car。

Bet365 lotto review other，In traditional agricultural dominant regions，Practicalism and profit -seeking in economic transformation tend to have a strong impact on family ethics，At the time of a divorce parties abandoning their children on the street or trial site,。The local court has no channel to start a public care mechanism for abandoned children，I have to assign judges to take care of children，Until persuading their parents or close relatives to receive children，great trouble caused by trial work。Actually，This situation should also be included in the national monitoring category through the temporary intervention mechanism，Children in charge of the relevant welfare institutions。At the same time，Punishment and education related subjects through legal means，Ensure that the subject of parenting cares for children with due attention。In short，There are still insufficient resources in the field of national guardianship、Outstanding questions such as poor mechanism。First, children incorporated into the national guardian have not received enough care、Raise and Medical Resources，At the same time, there is also a large gap between the needs of state monitoring and supply; the second is that the instant state intervention mechanism that is not close to power has not been established，Disting the entry channels for national monitoring is not smooth，Adopt adoption at the same time、Symbols such as foster care and reduce the effectiveness of national monitoring loads are not great。Due to the current legal adoption threshold is too high，Family adoption registrations processed nationwide in the past two years have stabilized at about 19,000 (including foreign -related adoption)，A large number of orphans cannot return to the family environment。

　　Clarify the connotation and extension of national monitoring

National Guard is a part of the construction of the monitoring relationship，It is also a manifestation of the national rescue of the national performance of minors，Therefore。Based on civil law specifications，In the future, the national guardianship system should work hard to achieve breakthrough and development in the bet365 best casino games field of social law。Children are the future of the country and society，The state has global responsibility and responsibility for the protection of children's rights and interests。The intervention of modern state in children's care matters is mainly divided into two forms: one，Supervision and Supervision，is supervision、The constraints of monitoring behaviors are in line with legal norms and the interests of the guardian。Its two，Direct monitoring，That is, the national representative agency directly serves as the guardian，Protect the personal and property interests of the guardian person。The generalist state supervision includes the supervision and direct guardians of the state organs，Narrow national guardianship refers only to direct guardians，Legal specifications should distinguish these two different monitoring functions。On the extension，Cancel the monitoring qualifications of parents and other guardians in accordance with the law, and the civil affairs department is replaced by monitoring、"Temporary Survey" implemented by the civil affairs department in social assistance and the "retain support" of the children's welfare agencies under the civil affairs department for the children's welfare agencies，All belong to the national monitoring category。

It should be established to establish the largest interest of children、National Guard Principles preferred by home fields。"Children's Maximum" is one of the four core principles of the "Convention on Children's Rights" in 1989。Family relationship is considered a major element for maintaining children's identity，The Convention Requirement，"If a child is illegally deprived of its identity part or all elements，Contracting countries should provide appropriate assistance and protection，To quickly re -establish its identity "。To realize the maximum benefits of children，The program design of the national monitoring should be beneficial to as much as possible、As soon as possible, the child's return to the family environment。In the startup link，Revisit the monitoring of subjects such as parents and other subjects and isolate it from children only when it meets children's maximum interests。During the implementation Bet365 app download link，At the same time as children are placed，A variety of measures should be taken to guide the guardian of the negligent or crime、Correction and training，If the conditions are available, you can restore its monitoring rights as appropriate。In the follow -up link，Actively through foster care、Adoption and other mechanisms to find a suitable new home environment for children in need。Currently it is the key time point of the compilation of the Civil Code，Reform and adoption legal system，Reduce the threshold of adoption while strengthening supervision specifications，Therefore, to maximize children's well -being，It's inevitable。

　　Construction of the national care mode

Performing the national guardianship function requires the cooperation of institutions within the state，Give full play to the "national" abstract subject's collection advantage in resource possession and staff deployment。According to the provisions of my country's "General Principles of Civil Law" and "Protection Law of the Minor"，Except for the civil affairs department assumed the main national guardian duties，Central and Provincial -level governments are responsible for organizational coordination，State organs at all levels all bear the corresponding responsibilities within their duties。Future legislation should pass through operationable、Responsibility specifications Really activate the responsibility of multiple subjects，Ensure that the national guardianship mechanism can quickly start through stable channels，Operation is smoother、Open and effective。

other，Performing the national guardianship function also needs to use social organizations、Gathering social resources。The physical care of children、Life support、Education care, etc.，In the end, individual staff must be assumed。In this regard，With and relying on professional social organizations，It has proven to be a strong support for implementing and optimizing national guardianship，For example、Many public welfare organizations participating in the China Children's Welfare Demonstration Zone Project。Future legislation should be further recognized、Guide and expand this Bet365 lotto review type of government cooperation cooperation mode，Widely rely on social organizations and volunteer services in the national supervision field，Realize the deep integration of the country and society in the context of modernity。

　　(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)