The Perfection And Research On Designated Guardianship System

Designated guardianship is not only the continuation of legal guardianship, but also the necessary supplement to legal guardianship. By specifying the guardianship system Settings, we can define the guardian when we have a debate about guardianship and we can avoid the situation that people without supervision charges, also we can better safeguard the legitimate rights and interests of security and realize social public interests. For a long time, we don’t pay close attention to guardianship system,and the guardianship system is not perfect,therefore we should enrich and perfect the appointed guardianship system, to make it work better.Specify the guardianship is when legal guardian have comments on the guardian qualification,relevant departments can appoint the guardian.It’s content is guardianship duty of the guardian. It’s function is protecting person under guardianship and safeguarding social stability.Then I analyses the existing problems and causes of the appointed guardianship system in the operation with the appointed guardianship system in our country’s legislation present situation.I think that the existence of the launcher is not clear and the designated authority is not reasonable, unreasonable application, scope of the guardian set is insufficient. These problems are due to the regulation of our country present legislation on the specified monitoring have defects, the designated guardian don’t want to take the initiative to participate in designated monitoring become a guardian, supervision mechanism and the lack of responsibility mechanism.This paper put forward the perfect proposal of the appointed guardianship system in our country.This part first summarizes from the outside(including France, Germany, Britain, the United States) appointed guardianship system related experience, should be clear children benefit maximization principle, need principle, the principle of complementary.On the basis of further put forward explicitly specify guardianship of initiator, the only authority designated by the court as a guardian, to broaden the scope of the guardian, build designated guardian supervision mechanism.