On Supervision System Of Guardianship

As an important system in Civil Law in China, guardianship and supervisionsystem is the guarantee for legitimate rights and interests of person underguardianship in order to achieve a harmonious and orderly society. However, thecurrent legal system related to guardianship and supervision in China needs to beimproved since there are lots of defects and deficiencies. From the perspective oftheoretical level of guardianship and supervision system, this paper introduces themeaning, contents, origins, function and significance of guardianship and supervisionsystem. A series of problems existed in guardianship system as well as guardianshipand supervision system are disclosed through the social reality that the vital interestsof person under guardianship are infringed frequently, mainly including the problemssuch as no function are performed practically by guardianship and supervision system,lack of public protection, the main functions and powers of guardianship andsupervision are not distributed clearly, the difficulties in implementing guardianshipand supervision system, etc. Meanwhile, the causes of the abovementioned problemsin guardianship and supervision system are analyzed further in this paper and theycan be concluded as the following: the legislative ideas about guardianship andsupervision are backward and can not meet the needs of the development of currentguardianship and supervision system; lack of the full participation of public powerand it only relies on private efforts, which results in the fact that the person underguardianship can not be protected and remedied efficiently; lack of clear andappropriate subject of guardianship and supervision and the functions and powers arenot distributed clearly; lack of definite and concrete supervision standards andcontents and most supervision systems are formalistic and can not be implemented. Itis necessary to perfect guardianship and supervision system from many aspects suchas legal system in order to protect personal rights and property right and interests ofperson under guardianship efficiently, promote family harmony and maintain socialstability and harmony. Under such a circumstance, the successful legislative experience from other countries and Hong Kong, Macao and Taiwan shall beborrowed. There are detailed provisions in terms of guardianship and supervisionsystem in other countries and Hong Kong, Macao and Taiwan both in theory andpractice, which provide plenty of experience for the legislation of guardianship andsupervision in China in terms of its meaning, significance, defects and improvement.Therefore, the guardianship and supervision system shall be improved throughborrowing the advanced legislative experience from other countries and Hong Kong,Macao and Taiwan based on the situation of this country and some problems existed,trying to establish the guardianship and supervision system that is consistent with thesituation of China. Currently, the discussion about perfecting guardianship andsupervision system in academic circles is mature and there are suggestions andmeasures concerning the development of guardianship and supervision system fromvarious perspectives. With the existing results in all fields as basis, this paper tries toimprove it and propose the following suggestions: it shall be started from thelegislative idea of updating guardianship and supervision system. It is believed inMarxist philosophy that the reaction of theory on practice is huge, that is, advancedlegislative idea is bound to promote legislation to develop toward scientific andreasonable orientation; it shall be guaranteed that public power shall be fully involvedin guardianship and supervision system. Public remedy is the powerful guaranteefrom government and the country for the civil rights. The intervene of national publicpower can supervise and urge related bodies including guardian and individuals andorganizations who are responsible for guardianship and supervision to better fulfillthe duty of guardianship and define the subject of guardianship and supervision right.The biggest defect of guardianship and supervision system in China is that there areno concrete and definite provisions on the subject of guardianship and supervision,which results in the difficult position in which supervision system is formalistic andcan not be implemented. Legislative body shall define the related subject and theirfunctions and powers and form the orderly situation gradually in which each performsits own functions and is responsible for its own duties; the standards and concretecontents of guardianship and supervision shall be defined. Apart from defining therelated subject, the rights and obligations of the related subject, such as their interests, duties and punishment shall also be specified in guaranteeing the effectiveimplementation of guardianship and supervision system. As a result, concreteimplementing regulations are required to make in legislation in China to specify thestandards and contents of guardianship and supervision. The punitive measures andapproaches shall be clarified according to relevant regulations in Criminal Law interms of dealing with the dereliction of duty and infringement act of guardian. It ishoped that this paper can draw some attention from all sectors of society to the rightsand interests of person under guardianship through discussion and analysis onguardianship and supervision system and the suggestions on perfecting guardianshipand supervision system proposed in this paper are of reference value and positivesignificance to the development of this system. It is believed that the systematic andperfect guardianship and supervision system that is consistent with the situation inChina will be established soon with the cooperation and great efforts by all sides.