Construction Of China's Probate Guardianship System

The earliest guardianship system originated in the ancient Roman period.At present,The United States,Germany,Japan,and Britain have already made clear in the legislation,and have formulated relatively complete supporting measures.Although China has a certain degree of regulation in the guardianship system for minors.However,in a sense,China has built a complete monitoring system.The first part of this article first has been clear about the present status of this system is not perfect,will illustrate the necessity of the guardianship system,and secondly by discusses the concept and features of wills guardianship system,to identify the basic connotation of the system.In the second part,by comparing the domestic and foreign probate system legislation and research situation,it is necessary to establish the corresponding operation mechanism.Of clear was set up by the third part through positive and negative,will care effect were analyzed,and the rights and obligations of both sides after life practice sums up the problems of easy generation disputes to form a complete set of execution and supervision measures to,make the system real roots,from all aspects of legislation and practical operation of later have enough security.Although our country promulgated the general rules of civil law established the guardianship system,but this article is to clarify the legal status of the guardianship system will only,compared with other developed countries in terms of perfect guardianship system will seem to be very weak.Our country in the aspect of judicial interpretation for the content of the guardianship system have some associated with it,but overall is relatively fragmented,only on a specific problems in the reality to make up for,can't form a complete legal system,the rest of the contents of the legal norms is not enough to make up for the description will guardianship system in the civil law and,indeed,at the same time we lack of form a complete set of measures and selection procedures to ensure the will effect of guardianship system,lack of complete supervision and execution system to solve the guardianship system in the issues of life,form a complete set of operation mechanism of bad will guardianship system in China,low maneuverability,will the value of the guardianship system in use cannot well in real life.These problems will make the system a dead letter,and will not play its due role,and will cause the interests of many minors to be harmed.Will guardianshipsystem,therefore,there are still many places need to improve,to make it become an important part of the legal system of socialism with Chinese characteristics,in order to more effectively safeguard the interests of the minors.