Study Of The Guardianship System

The first code refer to guardianship promulgated in 450 B .C, ancient Roman, named Lex duodecimo tabular,undergo a long process of development, guardianship is an important part of modern civil law system ,The definite purpose of guardianship is to protect infants and civil disability adults' rights and benefits.Author choose guardianship as the object of study because of the spirit of humanism contained in guardianship and the curiosity to the developing process of guardianship. But the read life of some infants and civil disability adults shocked the author. In result, improving the guardianship law and the real life of infants and civil disability adults, advocating human rights became the main goal of this thesis.This thesis consists of three parts: except introduction and concluding remarks.The first part talks about the common concept of guardianship, broad sense of guardianship and narrow sense of guardianship (that is guardianship and paternity) and the nature of guardianship .The author holds that the intact guardianship should include the system of guardianship, the law relationship of guardianship ,the right of guardianship and the behavior of guardianship .then put forward the union of guardianship and paternity,refutes the idea that some people is in favor of establishing the paternity in our current law .But the author doesn't stand for consisting paternity in our law because of its feudalism .The character of guardianship is obligation not right.The second part is the most important part of this article .In this part ,the author introduces the history of guardianship of china. The current situation of it in china law and the detect of guardianship. Through above -instroduce and based on rich external resource, the writer advances her own theory to perfect the system of guardianship .Firstly, in the reason of the beginning of guardianship ,the court should take some effective measures to protect the rights of infants and civil disability adults before the guardian is selected .Secondly ,should expand the scope of guardianship, not limits to infants and disability adults , The willguardianship is a good system of protecting the rights of infants .it should be written in guardianship law.Thirdly,should add the negative qualifications of guardianship and improve the related law of the guardianship ability in order to limit the qualification of guardian ,The resign right of guardian under fhe legal condition should be added to the law .Because the guardian may relax if the guardian time too long .it is benefit to infants and civil disability adults .Forthly ,we should establish and perfect the supervisory system of guardianship ,the goal of guardianship is to protect that persons who is infants or mental patient. Due to haven't the supervisory system of guardianship, the right of infants and civil disability adults was violated substantially ,so ,it is necessary to establish the supervisory system of guardianship, Fifthly ,the work and duty of guardianship also should be added to the current law .The current stipulation that it isn't responsible when the union undertakes guardian and the responsibility of guardian is related to how much property of infants and civil disability adults should be canceled .the guardian who is devoted to its duty should be rewarded .Sixthly ,the reason of change and finishing guardianship is also a important issue .Because this will lead to corresponding law results .that is ,the return and accounts of property ,if there isn't related stipulation when the infants and civil disability adults have total civil ability ,it isn't beneficial to protect their property.The third part includes two parts. That is , guardianship by nature and the reform of guardianship to adults .Through comparative analysis and thorough dissect the current law condition ,The author think that it isn't effective for the current law in above-mentioned fields. So effective measures to protect the infants should be taken when the court manages the divorce cases, establish a set of effective pro...