Research On Reconstruction Of Our Country's Guardianship System

The law of our country's guardianship system is simple and broken, and can not meet the need of the age. Some researches are made by the scholars, but their design is not complete. In order to reconstruct the Guardianship System of China, it is of great significance to make systematic research of the Guardianship System, which is the motive of this paper.Based on this recognition, this paper is divided into three parts:Part one aims at analyzing the law regulations which are related to the guardianship and the state of settlement of guardianship quarrels in law practice, explains the shortcomings that exist in the guardianship and necessity to reconstruct the system.Part two analyzes the states of the guardianship research till present, and points out the main problem in the guardianship system as well as the related research.Part three presents the idea of the reconstruction of our country's guardianship system on the basis of the analysis above. Therefore, a relatively scientific and practical guardianship system and its basic principles are established. The author thinks that it is improper to put guardianship in the chapter of "citizen", and it is not appropriate to regard it as a part of marriage and family. The law should establish the guardianship as a civil legal system. About the concept and nature and characteristic of guardianship, the author believes that guardianship is a kind of civil legal system of rights and duties caused by the regulation of civil capacity-limited and non-civil capacity person. Then, the author thinks the ranges each of guardian or guardianee should be enlarged, and it is necessary to improve the types of guardianship. About the content of guardianship. Guardianships mainly consist of the rights and obligations and duties of guardian and guardianee, as well as that of guardian and the third person concerned. At last, views on the beginning, change and end of guardianship, and guardianship of student at school, children in kindergarten and patients in psychiatric hospital.