First, the manifestations of lack of guardianship
1, intergenerational guardianship. This kind of guardianship is more common in families where both parents are dead or both parents go out to work. Minors are completely taken care of by grandparents, who are often old and weak, with low education level, and can only provide certain material guarantee for minors, but lack of control and guidance in spirit, morality and education, which leads to minors' lack of guardianship.
2, the previous generation of guardianship. In other words, relatives or friends of parents of minors are in charge. Generally, when parents go out, they entrust minors to their peers temporarily or for a long time. However, in this case, the temporary guardian's concern for minors is often only reflected in material security, and little attention is paid to the cultivation of their habits and the protection of their legitimate rights and interests, which leads to the lack of supervision and laissez-faire, which not only damages their legitimate rights and interests, but also damages the rights and interests of others because of making bad friends.
3. Single parent guardianship. With the increase of divorce rate, the number of minors living in single-parent families is also increasing year by year. After the parents divorce, if the minor lives with one party and has a good economic situation, send the child to a boarding school; When the economic situation is not good, the father or mother is busy making a living, unable to take care of the children themselves and unable to fully monitor the curious and active children, so that the minors in single-parent families are actually in a state of lack of guardianship.
4. Self-monitoring. That is, the state of complete lack of guardianship is more common in foreign minors and urban street children. Minors go out to work, almost out of the constraints of their parents. In addition, their thoughts are immature and their education level is low, so they don't know how to deal with the violation of their legitimate rights and interests. However, the living conditions of street children in cities are even worse, and their physical and mental development and rights realization are worrying. These completely self-regulated minors, because of their young age and lack of survival skills, are easily influenced by bad atmosphere and commit crimes when their legitimate rights and interests are not guaranteed.
Second, the protection of unsupervised minors countermeasures and suggestions
1. Set up a green channel to effectively protect unsupervised minors. The court gives priority to the filing, trial, judgment and execution of such juvenile cases. For minor plaintiffs who have real financial difficulties, priority shall be given to postponing, reducing or exempting legal fees, and their legitimate rights and interests shall be protected to the maximum extent permitted by law. At the same time, we should pay attention to the extended protection after the case, visit such underage parties, understand their life and study, do a good job in education and guidance, help solve practical difficulties, and promote their healthy physical and mental development.
2. Improve the series of regulations on guardians. People who are over 70 years old and have been ill in bed for a long time and have no guardianship ability are excluded from the scope of guardians, and entrusted guardianship and testamentary guardianship are increased, and the channels for selecting guardians are expanded, and the types of guardianship are broadened, and the subject who can give full play to the guardianship function is selected as the guardian. Reform the legal guardianship system, abolish the stipulation that minors are legal guardians by their parents' units, residents' committees, villagers' committees and civil affairs departments, and set up special social security institutions as guardians to perform their guardianship duties specifically, so as to avoid the occurrence of guardianship deficiency as much as possible.
3. Establish a system of guardianship, supervision and punishment. Village (neighborhood) committees, government departments and judicial organs are the main supervision departments of guardianship. If the village (neighborhood) committee finds that the guardian fails to perform or improperly performs the guardianship duties, it shall dissuade and mediate; if mediation fails, it shall report to the relevant government departments for handling; If a guardian is found dead, incapacitated or unfit to be a guardian, a kinship agreement shall be organized or a new guardian shall be appointed, and the guardianship behavior of the new guardian shall be supervised. If a guardian fails to perform his guardianship duties correctly, he shall take necessary disciplinary measures, and if the circumstances are serious, he shall be handed over to judicial organs for handling. The judicial organ may revoke guardianship or give corresponding punishment according to law.
4. Construct the national subrogation guardianship mechanism. In view of the lack of guardianship of a large number of minors at present, the state public power must intervene moderately and earnestly undertake the obligation of guardianship and supervision of minors and the supplementary guardianship responsibility under special circumstances. In view of a large number of different types of guardianship deficiencies, it is of great practical significance to clarify the state's supplementary guardianship obligations, material assistance obligations and supervision and guidance obligations to make up for the disadvantages of normal family guardianship, so as to ensure the healthy growth of minors and build a harmonious socialist society.