The Guardianship System By Research Of Our Country

The guardianship system,since the date of the implementation of the General Principles of Civil Law,the relevant guardianship system has been formulated.The guardianship in our civil law mainly refers to the ability of civil servants such as minors and mental patients who have no civil capacity or restrict civil capacity Person,in accordance with the provisions of the law,for the establishment of guardians,their personal and property custody and management.Over the years,the guardianship of our country's civil law has always been a fixed subject,and there is no legal norms that are given to natural persons who are in full civil capacity.In March 2017,China introduced the General Principles of Civil Law of the People's Republic of China.In the General Principles of Civil Law,the guardianship system was more elaborated than the General Principles of Civil Law,and the norms of guardianship were more specific.Nevertheless,the norm for this system is still not very comprehensive.The so-called system of guardianship refers to a kind of guardianship system that is in the future when there is a possibility that the natural person has the civil capacity of complete civil conduct,which is likely to occur in the future,and that he himself has lost all or part of his or her ability to act The In the case of the guardianship system,the guardian has the ability to fully civil conduct when he enters into the contract.Therefore,in accordance with the principle of "autonomy",the perpetrator can choose the guardian of the guardian,The decision when the guardianship occurs,should be the implementation of the specific monitoring matters,you can arrange the future monitoring process of their own property expenditure.China's newly introduced "General Principles of Civil Law",compared to the past,has largely begun to respect the guardian's own meaning that,but for the guardianship system,there is still no complete regulation.After a comparative study,it can be found that an important system in Anglo-American and guardianship is called "continuous representation of the whole system";in Japan,there is a "desirable guardianship system" for people with full civil capacity;Germany,also in the custody system to regulate the "care system." Although the name is different,but in essence is a kind of monitoring mode.Combined with the current social status quo,we can see that more and more aging population,combined with China's previous policy arrangements,so that China is about to face enormous social pressure,but the elderly have not been added to the civil law in the custody of the object,The lack of legal protection,will undoubtedly affect the stability of society.Thus,the author will be combined with the current social conditions and national laws and regulations,China's intention to monitor the system to discuss.