A Comparative Study Of The Guardianship Systems Of China And Japan

Monitoring as an ancient legal system, it is the modern civil law is an important legal system. Although several evolution, but its in modern civil law is still has a unique function and value. On the one hand it plays a protection by guardian's basic rights of action, on the other hand plays the role of safeguarding social stability, protecting behavior lack the abilities in the lawful rights and interests of the irreplaceable value. Along with the progress of the society and human rights consciousness the deep development of guardianship system function and value has been established for to protect by guardian's interests as the core.This paper mainly introduced in Japan with current guardianship system, including the basic content of minors guardianship system with adult guardianship system, and China's guardianship system with Japanese guardianship system were probably comparison, expecting to find our guardianship system deficiency, and learn from Japan's advanced guardianship laws to perfect our country's guardianship system.This paper is divided into four parts, the first part is: sino-japanese guardianship system system are introduced, and the comparison between China and Japan, and the monitoring system compares the evaluation, proposed our system deficiency; The second part of China and Japan is: minors guardianship system, mainly expounds the comparative study in China and Japan current minors guardianship system in China, and the basic content of minors guardianship system in monitoring type, monitoring and QinQuan relationship after her parents divorced in custody, enjoy with Japan on issues such as minors guardianship system differences; The third part is: adult wardship system between the two countries, through the comparative study of adult wardship system between the two countries in monitoring concept, monitoring type, guardian of the selection, guardian duty of guardianship of the comparison and analysis the aspects of China in adult guardianship system deficiency. The fourth part is: Japan guardianship system to our country later, what are the enlightenment guardianship legislation in our country and the expectation of future guardianship legislation actively learn from Japan's experience of the more advanced legislation with the legislation idea, enable our guardianship system to be more perfect.