Research On The Setting Of Guardians Of Minors

The protection of the interests of minors is related to the future development of the country.Guardians have a very important role in protecting the personal and property interests of minors.Scientifically and reasonably establishing guardians for minors,and to use in judicial practice properly are crucial for the protection of minors.The "General Principles of the People's Republic of China" has added some systems for guardianship of minors,such as guardianship of designated wills,appointment of temporary guardianship before guardianship,respect for the true will of guardians,and the principle of favoring guardians,but these rules are too principled.There are some problems in the application of judicial practice.For example,how will the order of the guardian and the legal guardian of the will be resolved,how the civil affairs department acts as the temporary guardian,and how the ward's true will violates the principles that are most conducive to the guarded person? It is most conducive to the ward's benefit to the principle of how to judge,etc.These issues need to be further solved in practice.This article discusses and makes some suggestions on the basis of summarizing the judicial cases and drawing lessons from the experiences of relevant foreign institutions.The point of view in this paper is that the legal spirit of party autonomy should be fully followed when applying the guardianship system for minors.However,the principle of the most beneficial to guardians cannot be obviously violated.Specifically,the order of the guardian of the will is given priority over the order of the legal guardian,and the guardian should be respected as long as the true intention of the minor is not obvious to him.In addition,the historical origin of the minor guardianship system was restored,and the intrinsic value of the guardianship system for minors and the positive significance of various new systems for legal practice were elaborated.Regarding the testament of the will,it points out that the guardianship of the will adapts to the social development situation,reflects the respect for the freedom of the minor's parents,and clarifies the constituent elements of the testament of the will.For the designated guardianship,it is considered that it is more reasonable and feasible for the civil affairs department to be the designated entity and the civil affairs department to set up a temporary guardian before designation.When the guardian fulfills the guardianship responsibility when the guardian is designated,the guardian's true will is respected when the guardian's qualifications are restored,which is beneficial to the protection of the interests of the minor.The judgments that are beneficial to the interests of minors should be standardized and objective.The factors to be considered should be comprehensive,and the method of judgment should be scientific and reasonable.