| The program supervisor system in family events is :when people of no capacity for program and his legal representative have a conflict of interest,when the legal representative on behalf of people who have no capacity for program can not exercise the right the proxy or have difficulty in exercising the right,or when it is necessary to protect the procedural safeguards of people who have capacity for program,according to the court for an interested party or terms of reference the court appoints the main body of the program to protect program benefits of people who have no capacity for program.The program supervisor originated in Germany law.There are similar systems in Maryland of United States,for example the children representative system. Under the program supervisor in Germany law and the children representative in Maryland of United States,then China’s Taiwan region has established its own program supervisor.There are also cases in family events for non-program capacity for inadequate procedural safeguards in China,so we try to establish our own program supervisor in China.Under the analysis of the program supervisor in Germany law and China’s Taiwan region law, We can get some important implications to establish our own program supervisor in China.The paper is divided into five parts, the following is the specific content of each section.The first part analyses a case in China’s Taiwan region and the mainland of China to lead the program supervisor in family events and its necessity.The second part elaborates applicable range of the program supervisor( family events).It illustrate the connotation of the program supervisor,the main types of family events and applicable jurisprudence of family events.The third part introduces the historical background and jurisprudence basis of the program supervisor a to seek the origin of the program supervisor system.The fourth part Discourses how to select the program supervisor.It mainly has the difference of between the program supervisor and other programs subject, elective requirement and qualifications of the program supervisor, the legal status as well ass tasks and rewards as well as ethical norms aspects.The fifth part mainly hackles China’s relevant laws,find out the flaws and loopholes, and then make important notices to build our own program supervisor system in China based on the theory of the program supervisor. |
