Research On Current Guardianship System In China-on The Design Of Marriage And Family Guardianship System

The "General Principles of Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law")adopted on March 15,2017,regulates the guardianship system in 14 regulations.Compared with other related guardianship regulations in the past,the content is more complete and the system is more complete.It not only clarified the mutual obligations between parents and minor children and adult children,but also added regulations concerning guardianship of wills,state guardianship,intended guardianship of adults,revocation of guardianship,restoration of guardianship qualifications,and termination of guardianship relationships.The "General Principles of Civil Law" defines the two basic guardianship principles of "respecting the will of the ward" and "most conducive to the guardian" in the form of articles.In addition,the warded person is also expanded and the type of monitoring is improved.The comparison between the “General Principles of Civil Law” and the Extraterritorial Law is the starting point and the core of the content of the guardianship system.First,a unified comparison of civil law,Anglo-American and Taiwanese law on the differences in the legislative model of the guardianship system,through analysis in the “General Principles of Civil Law” development process.Several drafts appeared in the book,summarizing the different views of scholars.Based on the "Guardian Rules" of the "General Principles of Civil Law" for parents and children,the legislative model of the current guardianship system in China is summarized.Secondly,from the perspective of comparative law,after analyzing Germany,France,Japan,and Russia on the different options of the legislative system of the guardianship system,after summing up several mainstream academic viewpoints,it is suggested that China should adopt an external “total score” and an “inside” for the guardianship system.Tripartite law system.Finally,returning to the "General Principles of Civil Law",we have come up with specific regulations on the guardianship system.Through the analysis of China's current legislative provisions,we have summarized the "General Principles of the Civil Law" on the progressiveness of the guardianship system and summarized the legislative gaps.China needs to make more detailed conclusions on the scope of guardianship,guardian rights and obligations,guardian supervision system,and adult guardianship.The paper summarizes China's current guardianship system and compares it with the extraterritorial law to analyze the legislative model and legislative system of the guardianship system in China.From the perspective of respecting and protecting the ward's interests,the paper mainly focuses on guardianship,guardianship of human rights,and supervision and supervision.The design of the guardianship system for marriage and family compilation put forward specific proposals in order to achieve harmony between the “General Principles of Civil Law” and the compilation of the guardianship system of marriage and family.