Research On The Appointed Guardianship Of Wills

About the way of obtaining the guardian's qualification,before the promulgation of the general principles of civil law,there are two ways in civil law,one is statutory guardianship,the other is designated guardianship.In the general rules of the national law of the people's Republic of China,in October 1,2017,an innovative way of obtaining guardianship is put forward,that is,the guardian is appointed through a will.Although this regulation is the first rule in China,it has existed in the civil law of some developed countries and advanced countries with advanced rule of law in the world and is applied by its own citizens.Their citizens to exercise the rights conferred by law and judicial organs shall apply this Law in the legal practice of the referee,need to fully understand the premise of its legislative background,excavates its connotation,and need further clarification of the legislation required by law,the relevant provisions,in order to make the civil and judicial organ accurately applied to avoid and reduce the application process problems."The general principles of civil law" the New Testament designated guardianship system in the legislation system perfect the guardianship system of our country,a greater degree of protection of the interests of the ward,the guardian's parents can not fulfill the statutory duty of care,by specifying the trust and credibility of third people,is the guardian of the personal and property protection people and other legitimate rights and interests.However,in real life,this kind of open legislation will cause the system to be not well used because of many different circumstances.Firstly,in the testamentary guardianship system based on the description of legislation,through comparative analysis of the relationship between guardianship and paternity draws the relation and difference between the two,to explore the nature of guardianship,from the concept of the system of basic issues related to the analysis,secondly,through the comparison of testamentary guardianship system legislation the statement about the system in the process of the first and the second and three draft,the distinction of discussion,of the system in legal practice in the application of various possible circumstances are discussed,finally,the system may exist and need to solve the problem,based on the analysis of foreign legislative status,according to our country the situation in the premise of maintaining legal stability,tries to put forward a reasonable legislative interpretation,feasible suggestions.