On The Legislation Of The Guardianship System Is Perfect

First :Lawmaking stipulation and comparison on guardianship institution in Civil Law Country.(I) The developed history of guardianship institution. The guardianship institution is origined from "Ancient Roman Law ".In the early days of "Ancient Roman Law ", there are two different institution, guardianship and protection .The goal of guardianship is to replenish the insufficiency of the ward's capacity. The objects of guardianship are single person and women, while the objects of protection are mental patients and squanderers. The late days of the Republic of Rome, the goal of the institution changed into protecting the ward from protecting property of the clansman. So guardianship became a kind of public obligation.(II) Lawmaking stipulation and comparison on guardianship institution in Civil Law Country.There is the guardianship but no protection in" France Civil law Code". The object of guardianship is younger, and there is alike kind of law to protect adults.The guardianship institution in "Switzerland Civil Law Code " is classified by guardianship .assist and lawful protection. The guardianship institution in "Japanese Civil Law Code" is classified by guardianship and protection. The guardianship institution combined guardianship and kinship right in American Law. Second. The lawmaking stipulation on guardianship institution in china.Many learners think that there is not guardianship institution in "Chinese Ancient Law ", but writer thinks there is an adjustment for guardianship. Emperor and patriarch have complete ability, subjects and children subordinate them, there bodies , properties are protected by their master.The relation between man and woman, husband and wife, father and son, senior and minor, old and young is close to the guardianship institution. The rules of all kind of rites is equal to today's civil law. So the writer thinks there is lawmaking stipulation on guardianship relation in "Chinese Ancient Law".Third. Analysis and research on Chinese guardianship institution.(I)The nature of guardianship. Many learners dispute violently about the nature of guardianship. It mainly display eloquence on the theory of right and obligation.The writer thinks the nature of guardianship is a unity of right nd obligation, and lawmaker should replenish rights to guardianship, otherwise we can not solve many lawful and social problems.(II) The definition of guardianship.It has no unified definition of guardianship in academic circle. The definition of guardianship in "Chinese Civil Law" expand the scope of guardianship and contain the scope of kinship right. It is not suitable. There many differences between guardianship and kinship right. The guardianship is a kind of institution that for youth who can not achive protection under kinship right, and for psychoses who is limited civil capacity. So lawmaker should pay more attention to their difference as decide the definition of guardianship.(III). The civil legal relation on guardianship.The learners put more emphasis on guardianship institution, while overpass the aspect of legal relation. Lawmaking stipulation should replenish the founding .alteration and end of the legal relation on guardianship.(IV). The civil legal duty on guardianship .It should include several aspects. Such as the civil legal duty when guardian injury ward's right; The civil legal duty of damage compensation of guardian and the application of equitable liability doctrine .Fourth. Lawmaking perfection on Chinese guardianship institution.(I) The beginning of guardianshipA. The objective and the meaning of guardianship institutionB. The facts on the beginningC. Lawful protection should he added .D. The guardianship protection shoud be put in public law system rather than civil law system.(II) System of guardianshipA. GuardianB. Supervisor of guardianship(III) The content of guardianshipAccording to the nature of guardianship , lawmakers should add right rules and replenish obligation rules to guardianship.