英文摘要 |
With the goal of promoting the healthy growth of minors, the legislative demand of the Family Education Promotion Law is to universally enhance the capacity of family education and regulate family education behavior. However, within the flexible legislation, advocacy measures that focus on guidance and promotion are difficult to fully address the various problems in family education reflected in juvenile delinquency or criminal infringement in judicial practice. Between the improper and mild parenting methods and the direct infringement of guardianship, we should focus on the connection between law and law, and further clarify the mandatory connotation of Article 49 of the Family Education Promotion Law ordering acceptance of family education guidance. We should strengthen the judicial intervention of the state on family guardianship dysfunction and difficult self - healing guardianship behaviors, and establish an effective intermediate measure through the mandatory writ of supervision and guardianship. Establishing a standardized system for receiving recommendations of family education guidance, mandatory supervision orders, and rigid revocation of guardianship qualifications, and also promoting the implementation of guardianship responsibilities of the Civil Code through the family education approach of social law. In terms of the specific structure of supervision and guardianship, it can be improved from clarifying the systematic content elements of supervision and guardianship orders, determining the standardized scope of application, improving the preliminary investigation and evaluation and subsequent tracking and adjustment procedures, collaborating with social support, and constructing a tiered mandatory security system. |