Research On The Guardianship And Supervision System In China

As a civil system to protect the legal rights and interests of the persons under guardianship,the guardianship supervision system helps to maintain family harmony and promote the orderly development of society.China’s Civil Code clearly stipulates the guardianship system.Its main purpose is to protect the legal rights and interests of vulnerable groups such as minors and disabled adults.Therefore,in order to better protect the interests of the wards,it is necessary to conduct appropriate supervision on the guardian’s behavior.In the first general Principles of civil Law,the basic system and principles of guardianship were established.In the General Principles of civil Law,a whole set of guardianship system was formed and implemented.Up to the present civil Code,the guardianship system has hardly changed.According to the legislation evolution of the guardianship system,it shows that the guardianship supervision system in China has not been implemented in a complete set and brought into full play its ideal state.There is no effective connection between the guardianship system and the guardianship supervision system,which makes the social phenomenon of encroachment on the wards happen from time to time,and it is difficult to implement the protection of the lawful rights and interests of the wards.In such a realistic background,it is particularly important to establish and improve the supervision system,change people’s concept of supervision,enrich the supervision content,define the supervision subject,urge the supervisor to take active measures to perform the supervision responsibility,and complete the supporting measures of the system.This paper is divided into five parts: The first part firstly sorts out the guardianship,guardianship supervision and the relationship between them,and then explains the origin and development of the guardianship supervision system,thus deducing the theoretical significance of the guardianship supervision system;The second part starts with the specific cases of the system in judicial practice,and analyzes the problems encountered in the operation of the system,including the untimely discovery of the tort of guardianship,the unsupervised or unsupervised guardianship,the narrow scope of supervision of guardianship,and the lack of remedies.The third part analyzes the reasons according to the status quo of the supervision system in practice.First of all,from the perspective of China’s guardianship supervision system legislation analysis,can be concluded that the legislative concept of lagging,the guardian supervision subject is fuzzy,the lack of clear supervision content and the lack of specific supervision measures.Secondly,from the supporting operation mechanism of the system,three reasons are analyzed,namely,the lack of guardianship violation reporting mechanism,the lack of reasonable remuneration mechanism of supervisors,and the lack of voluntary resignation mechanism of supervisors.The fourth part explores the two important legal systems outside of the typical countries of guardianship supervisory system legislation,the supervision of the country’s main body,responsibilities,etc,summarizes in our country about the significance of the system: should be fully established the concept of "by guardian benefit maximization" as the theme,establish the public power intervention and supervision,the combination of family and system and establish and improve the system of guardian report;The fifth part is the measures to improve the guardianship supervision system in China.Specifically from the update of the lagging legislative concept,clear supervision subject,improve the specific supervision content,take effective supervision measures,in view of the supporting mechanism of the system from the establishment of guardianship violations reporting mechanism,the establishment of the compensation mechanism for supervisors and supervisors to take the initiative to resign mechanism three aspects to improve.