困境儿童保护工作是近年来国家关注的重点任务。频频发生的因家庭监护缺失或监护不当造成的儿童伤害事件使人们意识到，压实家庭监护职责、强化家庭养育功能是做好困境儿童关爱保护工作的重要内容。2020 年修订的《未成年人保护法》重点构建了以家庭监护为主、国家监护为辅的未成年人监护体系；2021 年上海市发布全国首个《未成年人家庭监护能力评估指南》地方标准，为未成年人家庭监护能力评估提供了统一、标准化、操作性强的技术参考，以避免未成年人陷入家庭监护困境。然而，在国家干预和社会参与介入家庭监护的情境下，监护人及儿童作为直接的监护主体和监护客体，有关他们自身对家庭监护的认识与实践感受的研究却很少。

       在此背景之下，本文以儿童权利理论和家庭功能理论为指导，采用质性研究方法中的“集合性案例研究法”，在发达东部地区珠海市和欠发达西部地区毕节市共选取 8 个案例进行研究，探索困境儿童家庭监护能力的现状、存在的问题及需求。研究发现：（1）困境儿童家庭监护主体对儿童大都持积极的监护意愿并不同程度地满足了儿童的基本生活需要，但由于困境儿童监护人自身客观条件的限制和主观能力的不足，监护中仍然存在安全保障弱化、学业辅导和日常教育缺失、亲子情感沟通低效等问题。（2）家庭功能在儿童监护方面发挥不足，儿童生存发展的权利得不到有效保护，困境儿童在自我认知、学习态度和人际交往等方面的发展有待改善。（3）不同家庭监护能力状况存在差异，但还主要面临着监护意识缺失、监护知识有限、缺乏沟通技巧、支持系统薄弱等困境。（4）困境儿童家庭应对监护困境的策略包括：向内延伸，依靠家庭情感支撑；主观能动，寻求技巧技能发展；向外扩展，获取外界社会支持。希望增强家庭自身的监护能力。

       基于此，本文从以下三个方面提出提升困境儿童家庭监护能力的对策：（1）以家庭为中心，激发家庭的主观能动性，增强家庭监护责任感，有意识地提升家庭监护的能力。（2）以制度为基础，健全困境儿童及其家庭保障机制，完善困境儿童监护教育政策法规，减轻监护人照护儿童的多重压力，针对性对监护缺失家庭进行指导帮扶。（3）以服务为手段，扩展困境儿童家庭社会支持体系，社会组织、学校、社区等多方联动为困境儿童生活学习提供良好保障，在服务中切实提高困境儿童家庭的监护能力。

    The protection of children in difficulty has been a key task of national attention in recent years. The frequent occurrence of child injuries caused by the lack of family guardianship or improper guardianship has made people realize that compacting family guardianship responsibilities and strengthening family nurturing functions are important elements of good care and protection for children in difficulty. In 2020, the revised Law on the Protection of Minors focused on establishing a guardianship system for minors, with family guardianship as the main focus and state guardianship as a supplement; in 2021, Shanghai issued the first national local standard "Guide to Assessing the Guardianship of Minors in Families", which provides a unified, standardized, and operational technical reference for assessing the guardianship of minors in families to prevent minors from falling into family guardianship difficulties . However, in the context of state intervention and social participation in family guardianship, there has been limited research on guardians' and children's own perceptions and practices of family guardianship as direct subjects and objects of guardianship.

    Against this background, this paper adopts the "collective case study" in the qualitative research method, guided by the theory of children's rights and the theory of family function, and selects eight cases in Zhuhai, a developed eastern region, and Bijie, a less developed western region, to explore the current situation, problems and needs of the guardianship capacity of families of children in distress. The study found that: (1) most of the family guardians of children in distress are willing to take care of the children positively and meet the basic needs of the children to varying degrees, but due to the limitations of the objective conditions and subjective abilities of the guardians of children in distress, there are still problems such as weakened security, lack of academic counseling and daily education, and ineffective parent-child emotional communication. (2)The family functions in child custody are not sufficiently developed, children's rights to survival and development are not effectively protected, and the development of children in difficulty in self-awareness, learning attitudes and interpersonal interactions needs to be improved.(3) There are differences in the guardianship ability of different families, but they mainly face difficulties such as lack of guardianship awareness, limited guardianship knowledge, lack of communication skills and weak support system. (4) Strategies for families of children in distress to cope with custody dilemmas include: extending inward and relying on family emotional support; being subjectively active and seeking skill skill development; and expanding outward to obtain outside social support. It is hoped that the family's own guardianship capacity will be enhanced.

   Based on this, this paper proposes response strategies to improve the family guardianship capacity of children in difficulty from the following three aspects: (1) family-centered, stimulating the subjective initiative of families, enhancing the sense of responsibility of family guardianship, and consciously improving the capacity of family guardianship; (2) system-based, improving the protection mechanism for children in difficulty and their families, improving the policies and regulations for the guardianship of children in difficulty, reducing multiple pressures, and providing targeted guidance and assistance to families with guardianship deficiencies; (3) using services as a means to expand the social support system for families of children in distress, with social organizations, schools, communities, and other parties link up to provide good protection for the lives and studies of children in distress. This effectively improves the guardianship capacity of families of children in distress in the services.