Study On Legal Issues Of Testamentary Guardianship System

With the continuous improvement of China's social governance system and the improvement of people's humanistic quality,the protection of the weak has increasingly become an important issue for legislators to consider.Under the guidance of the guardianship concept of "most beneficial to the ward",China's general principles of civil law established the system of testamentary guardianship,which reflects the importance China attaches to and protects the rights of the weak.Article 29 of the general provisions of the civil law stipulates: "if the parents of a ward act as guardian,they may appoint a guardian through a will." By extending the freedom of parental will,the legislator enables the ward to get the proper arrangement from the parents.Therefore,compared with other guardianship methods,it is more in the interest of the ward to designate guardianship in the will.But only by the provisions of a will specify the provisions of the guardianship system is still too wide,so in this paper,combined with China's national conditions I will independently completed the pointed out that the problem will specify the guardianship system in China,this paper analyzes the reasons of problem,research outside related system,analysis of the necessity to improve the system of our country.According to statistics,there are about 240 million minors aged from 0 to 14 years old in China,about 16 million patients with severe mental disorders over the age of 15 years old.The system of testamentary designated guardianship is closely related to the protection of their interests,so it is of great significance to perfect the legislation of testamentary designated guardianship system for the protection and relief of their legal rights,so the legal problems existing in the system of testamentary designated guardianship in China should be given full attention.I will specify the guardianship system in our country at present the legislation style design typed deficiencies and specific content is not full and the imperfection of the supporting system of the three aspects of the problem,in order to achieve security by guardian personal and property rights legislation purpose,according to the aforementioned problem,this paper argues that can be improved from the following aspects: first of all should be typed on will specify the guardianship system style,the adult will specify the guardianship and minor will specify the guardianship legislation respectively,this is the premise to solve the problem of other law further;Secondly,the system contents should be filled in,including clarifying the formal requirements of the will,adding the effective requirements and strengthening the procedural guarantee of the guardianship appointed by the will.Finally,we should strengthen the design of supporting system,perfect the content of rights and obligations of guardians and construct the guardianship and supervision mechanism.