Research On The Guardianship System Of The Draft Of The Qing Dynasty Civil Law

Guardianship is an important concept in modern civil law.In ancient Chinese legal culture,there was no legal term for guardianship,but it had the legal factual relationship of guardianship content.The content related to guardianship was more dissolved in the ancient family law.Therefore,in ancient China,there was a physical guardianship.Content but there is no guardianship system in the formal sense.With the implementation of the legal reform in the late Qing Dynasty,the Western legal system was introduced,and the guardianship and guardianship system was first stipulated in the form of special chapters.The guardianship system in the Draft of the Qing Dynasty Civil Law has an epoch-making significance in the history of Chinese legal system.The guardianship system and theoretical part of the "Da Qing Civil Law Draft" was directly invoked from the content of the Japanese Civil Code at that time.Some of the contents were indirectly derived from the most advanced German Civil Code at that time,which broke the traditional Chinese A family law system of the patriarchal nature.As an integral part of the reform of the legal system in the late Qing Dynasty,the Guardianship System of the Daqing Civil Law Draft embodies the legislative purposes of "the universal principle of the world" and "coincidence with the people's sentiments".Like the other systems in the draft of the civil law and the other systems in the second edition of the inheritance,the Qing government has given considerable attention to the establishment of the guardianship system.The legislative process of the Draft Qing Dynasty Civil Law is divided into three steps.The most important second step is the large-scale civil custom investigation.The first step is the preparation of information before the legislation,and the Western civil law and other extraterritorial legal materials.The introduction of translation,the third step is the specific legislative activities,of course,based on the second step of the investigation of Chinese customs and habits.In the written draft,the guardianship system includes the ward,guardian and relatives.The guardianship of the minor is premised on the disappearance of the parental rights.The situation of the adult ward or the insured person includes the loss of the mind.The mind is weak,swearing,dumb,and wasting people.The acquisition and disappearance of guardianship qualifications in the Daqing Civil Law Draft,the rights and obligations of guardians,and the composition of relatives' associations are also stipulated in the draft.As the first draft of China's civil law after the disintegration of the Chinese legal system,its various systems,including the guardianship system,have a profound impact on the Beiyang government's Draft of the Civil Law and the Nanjing National Government's Draft of the Republic of China.At the same time,as one of the legislative achievements in the history of Chinese legal system,it also has certain warnings and enlightenments for modern civil legislation.