Our Country Guards Defect And Legislation Of The System To Improve And Study

Guardianship system originated in ancient Rome "and the Bulgarian police custody" system. Guardianship system initially established primarily to protect the interests of the family, prevent family property occupied by others. Now its significance has been developed to protect the family property is not, but evolving into a guardian personal interests were safeguarded. Modern world has basically established a national legislation on guardianship and custody systems of most countries have been quite perfect. For a fuller involvement of legal guardianship, the guardian greater respect for all, more detailed sub-region needs to be guardians for life humanization weak provide more protection and support to ensure that others on an equal footing with others to achieve a legal right.And the overall development of China's guardianship system, obviously lagging behind in social development. My main provisions concerning guardianship of expression in the "General Rules of the Civil Law". "General Rules of the Civil Law" was enacted in 1987, at the time "are advised to be careful rough" under the guidance of the principle of the legislation, including guardianship system, many legal systems are very crude, the provisions in principle, too, inconvenience operation. Particularly with the deepening of economic restructuring and development of the market economy, family relations and property relations are becoming increasingly complex, the existing guardianship system problems have become increasingly prominent, mainly pro-right-custody, guardianship provisions were inadequate, the guardian of this requirement is not comprehensive and that the contents of guardianship provisions is too broad and does not provide custody oversight bodies. The response to these issues analysed by the following aspects should be improved to establish parental rights and custody of the two systems, the guardians clear concept of expanding the scope of the guardian, the guardian qualifications provisions clearly guardians of the rights, the creation of wills designated guardianship, custody supervisors established. At the same time, this also explored guardianship system in judicial practice two issues, namely, whether the school after the divorce and custody rights of parents to exercise custody of a minor child.Papers include four parts : The first part, dealing with guardianship system overview. Including guardianship system overview;The concept of guardianship;Guardianship of identity;Guardianship nature;My second part of the significance of the establishment of guardianship system, on our guardianship system deficiencies and the reasons for analysis. The third part, dealing with the custody system improvement proposals. Part IV, with the guardianship system in the judicial practice of the two issues. Including schools in the custody...