Research On The Probate Guardianship System In China

As an important part of the civil legal system of guardianship,the probate guardianship system has attracted extensive attention from judicial circles and scholars.In the general provisions of the civil law of 2017,many unprecedented provisions are added to the guardianship system,including the relevant contents of this paper on the probate guardianship system.The purpose of establishing the probate guardianship system is to better protect the legal rights and interests of the ward,maintain the harmony and happiness of the family,and ensure the stable and long-term development of the country.However,there will always be a variety of problems to be solved at the beginning of the establishment of a system,and it is also urgent to introduce supporting regulations,gradually improve the specific implementation of the probate guardianship system in our country,and establish a sound probate guardianship system is a long and arduous task.Combined with what I have learned,the author studies the probate guardianship system from the following aspects:The first part,defining the basic concept of guardianship system to our country will,a will guardianship system and take the affirmation and practice,with the development of The Times may inevitably exist many shortcomings,through the will fully understand the current situation of the guardianship,clear will guardianship system in our country there is theoretical significance and practical significance.The second part,Analyze the problems of our country's probate guardianship system.From the absence of distinguishing parental rights and guardianship in China to the foreign regulations on parental rights and guardianship,the importance of distinguishing parental rights and guardianship in the construction of China's probate guardianship system is put forward.Combined with the characteristics of duality of testamentary guardianship,this paper discusses the influence of the form and validity of testamentary guardianship system.China's provisions on the contents of guardianship of will are incomplete,including unclear rights and obligations of theguardian appointed by the will and the guardian,and lack of relevant supporting legislation.In the third part,the author puts forward his own constructive Suggestions on the improvement of the probate guardianship system from multiple perspectives,and proposes to distinguish parental right from guardianship.Add the legislative provisions on the effect of probate guardianship;Protection of the right of remuneration and the right of resignation of the appointed guardian.Strengthen the social and national attention to the probate guardianship system,better guarantee the application of the probate guardianship system in judicial practice.