| Guardianship is the qualification which is bestowed particularly on civil subject by law, while guardian is the person who fulfills the legal duty of supervision and protection. The duty of a guardian mainly involves protecting, educating and supervising the person under guardianship, for fear that the person under guardianship infringes upon others'rights for his ignorance. Based on the analysis of the two law genealogies, we can conclude that most countries recognize the guardian both as the agent ad litem and as the litigant to the lawsuit, and the identification of the status of guardian and the legislation about doctrine of liability fixation are closely connected. In the civil suits in China, the status of the guardian are divided in to two types: status in common civil cases and status in cases in which the person under guardianship infringes upon others. In common civil cases, there are three status of the guardian: the legal representative, the agent ad litem and the litigant to the lawsuit. In general, guardian often exercises the litigious right as the agent ad litem instead of the person under guardianship without ability of lowsuit. As the guardian in civil substantive law, one can also entrust agent ad litem with the lawsuit, in this situation, , the guardian is just a legal agent in civil substantive law. In the cases that the person under guardianship infringes upon others'rights, the status of the guardian are practically divided into three types, they are independent defender, colitigator and third party in litigation. Therefore, there are two methods to perfect the status of the guardian in civil suit,: one is to improve the doctrine of presumptive to define the doctrine of liability fixation, which specifies that guardian should undertake the responsibility for his faults; the other is to modify the concept"third party"in the the code of civil law and set the guardian as independent law-agent, which will be more suitable for defining the position of the guardian.
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