On The Limitation Of Property Management Right In Adult Guardianship In China

In the adult guardianship system,personal care and property management are important components of the guardian's duties.Property management actions refer to the facts and legal acts carried out by the perpetrator on the property for the purpose of preservation,improvement or utilization.The guardian's property management right is of a special nature,which is essentially the duty that the guardian should perform,but the law stipulates that such duty is given the appearance of rights.The current legislative design of property management rights in China is too abstract,its scope of jurisdiction is general,and there is no perfect supervision measures,so that the current incidents that damage the interests of the guardian are frequent.Therefore,although the guardian has the right to manage the guardian's property,the guardian's exercise of this right must be strictly restricted by law,and China 's current regulations on restrictive measures are very scarce.In view of the current problems in China,based on an in-depth review of the current status of the domestic adult guardianship system,the author draws on the relevant institutional measures that restrict the guardian's property management rights in the extraterritorial adult guardianship system.Alternative measures are initiated in two aspects,and recommendations are made to limit the property management rights of guardians in China.For the guardianship system itself,in the procedural law,it is necessary to improve the public power's intervention in guardianship affairs,gradually establish a partial withdrawal of the guardianship system,property reporting and registration system,and restrict the guardian's authority to manage the guardian's real estate;On the basis of clarifying the specific content of the property management rights,the judgment standards that are most conducive to the principles of the guardian should be defined,and at the same time,the processing mode for the guardian to exercise the property management rights against the interests of the guardian should be improved.In addition to the guardianship system,combined with the current practice in China,use the trust model for property management,and at the same time strengthen the cooperation between notary services and guardianship.