Studies On The System Of Guardian Determined

Guardian determined system holds the important status in guardianship system, establishing advanced, complete guardian system is the crucial system to protects the lawful rights and interests with minor and adult who does not have the civil capacity or has limit civil capacity. Because "the villagers' committee, the residents' comnittee" take charge of the legal guardian in our country 《General provisions of the civil law》 and is inconsistent with national conditions, guardian "come to nothing" often arise; moreover along with social development, various social phenomenon appear, for example the population with venerable age sharp increase, establish the adult guardianship is also imperative. Therefore, it is necessary to sets up the remedial system which the guardian determined. Through analysis the foundation of legal principle of guardianship system, compares and appraises the related legislation in guardianship system with the continental law system and the common law system, this article puts forward own legislation proposal for how to consummates the guardianship determined system in our country. This paper thinks that should modify the actual guardianship legislation in our country, not only readjusts in the style, but perfects guardian's type> explicates the qualification of a guardian, gives compensation and the right to resign to guardian, and should install the public service guardian, found the supervisor in guardianship. The article finally clearly refers the way and order that guardian should follow, and points out that the relatives, the villagers' committee, the residents' committee and the subordinate organization in civil administration department can be the supervisor for guardian, people' s court unifies the way of supervisor and carries out the way that restricted layer upon layer.