Study Of The Guardianship System In China

Focusing on the guardian system of China, this paper discusses on institutional status and subsisting problems. The full paper is divided into seven parts totally, about 53,000 words.The first part is an institutional intendment in tutelage. The author explain the tutelary, habit, pointing out the tutelage is on growing to the civil disability body, the civil affair capacity body the creation of a kind protecting system.The second part is the study of guardian on the base of the guardian study of model country the writer points out that people who don' t have the tutelary ability can' t serve as tutelary body, which is also the generally accepted rules of the word. According to the 《general rule of civil law》 the stipulation that serve as guardian, the human enactment involves the tutelary legitimacy-with the nominate tutelage, but appeared the tutelage on the judicial practice.The third part is the study of the person under guardianship. The writer points out that the parents versus the tutelage of the minor children is a parental power. Then according to the parental system of Japan, Germany, France etc, the writer expatiated the intendment, habit, contents of the parental power.The fourth part is the institutional study of guardian. From the stipulation of the 《general rule of civil law》, the writer analyses the tutelary institutional defects, and also points out four parts to set up guardian system.The fifth part is the study of two questions of guardian in judicial practice. The first is School's special status in guardian system. Thesecond is the parents now to exercise the power of tutelage of the minor Children after devoice. With the family plan of our country this question becomes more and more important nowadays.The sixth part is how to erect the institutional frame of legislation in tutelage. The writer thinks that guardian system and parental power system should be distinguished as different parts in family law.The seventh part is the legislative construction of parental power and guardian system. From the judicial practice, we can find that parental relation is always changing which brings out many questions for us to solve. Bat we can also find there are many defects in our law, so we should set up complete parental power system to protect the legal rights of minor Children.