On The Regulation Of Guardian's Improper Property Management Behavior

According to Article 35 of the General Rules of the Civil Law of the People's Republic of China,"A guardian shall perform the duties of guardianship under the principles of "bebefiting the ward to the greast extent".The guardian shall not dispose of the ward's properties,unless it is to protect the ward's interests.In real life,there are contradictions between the improper management of the wards' property by guardians and the consequent damage to the rights and interests of minors under their guardianship,the security of ordinary transactions and the discretion that guardians should have as property managers.Compared with the GeneralPrinciples of Civil Law,the General Rules of Civil Law are not only more perfect,but also more precise in the type of the guardian's behaviour on the property of the ward,that is,the disposition behavior rather than the disposal behavior,so that the guardian's behavior can find the corresponding legal principle in the law.However,the article still did not give specific operational approaches for how to implement a clear protection by ward and how to define the scope and authority for the behavior of the ward's property management behavior.It is generally regarded as unauthorized agency or abuse of authority for the behavior of violating the article.As for how to substantially protect rights and interests of the ward,it is necessary to make a distinguish between them.By studying and analysing how the improper management behavior causes the loss of the ward's interest s in violation of the legal provisions in form and in essence,therefore,this paper aimed to identify approaches to protect the property right of the ward and the legitimate management behavior of the guardian.In addition to the introduction and conclusion,this paper demonstrates from four aspects:No.1 The relevant theories and concepts of improper property management behavior in guardianship.This part,through the analysis of the source foundation of the guardian's property management rights in the guardianship,lays a foundation for the following discussion on how to judge the guardian's misconduct in law.By sorting out the different vviewpoints held by the field of the law on the inappropriate behavior of guardians,the thesis aims to accurately position the direction of demonstrations.No.2 Judicial practice cognizance of improper property management behavior in guardianship.This part mainly discusses the improper acts of guardians on the property rights and interests of ward in judicial practice,analyses the criteria of the court's judging such cases,that is,the validity if judging whether the guardian for the benefit of the ward,the effectiveness of the behavior problems,and compares thecriteria held by different courts in judging relevant real cases.NO.3 Regulations and studies on improper property management behaviors in foreign laws.This part is to study the relevant extrateritorial laws and regulations,compared various countries or regions on the identification of the Immproper acts of guardians to damage the interests of the ward,as well as the compensation after the infringement of the ward's rights and interests,so as to give such solutions to the problems in China.No.4 The Relief channels for improper property management behaviors in the guardianship relationship.Based on the arguments in the previous three parts,this section is expected to provide some Suggestions in solving this kind of problem.That is to determine the construction of the property management guardianship system in the legislative choice;to strictly control the emergence of property management actors;to clarify the scope of guardian's authority and the responsibility of property management.