Study Of The Guardianship System

This paper from consummating our country's guardianship system to start ,through researching the foundation of legal principle of the guardianship system and related legislation of the continental law system and the common law system, Combining our country's actual legislation, points out existent questions and puts forward own legislation proposal for how to consummate the guardianship system. The paper is divided into four parts as follows.The first part analyses the major principle of the guardianship system. The writer explains the concept of guardianship combining the relationship of guardianship with parental power, advances it is no necessary to make law to parental power specially. Through introducing the historical evolution of guardianship system shows the guardianship system lies in the objective rationalization and historical inevitability. By comparing the deferent theories about the nature of guardianship, the writer consider that should comprehend the nature of guardianship from the consistency of right and liability, and emphasis the right of the nature of guardianship, only so can remedy the defects of our country's guardianship.The second part is the comparative study of guardianship of the continental law system and the common law system. The writer selected Germany, Japan, the United States and Hong Kong as model case which offers better reference for our country's legislation.The third part is the study of the legislation of our country's legislation.Through introducing the historical development of guardianship and the related legislation, the writer points out shortcomings of the legislation and judicial practice, the six flaws of our guardianship are discussed in this part (1) the historical confines of guiding ideology. (2) the arrangement of the legislation are not practical. (3) the scope of ward is limited. (4) the categories and forms of establishment guardian are not practical. (5) the requisition of guardian's qualifications are not perfect enough. (6 ) no supervisory institutions.The fourth part is the perfection of our country's guardianship system. The writer advances legal proposal in terms of six weaknesses of our guardianship system. (1) further improve the skills of guardianship legislation and perfect the contents of guardianship. (2) pay attention to the reformation of adult guardianship, introduce the new ideal in step the reformation tendency of adult guardianship. (3) perfect the supervisory institutions and realize the justice guarantee finally.