On The System Construction Of Temporary Guardianship In China

Under the background of the formulation of the Civil Code,the General Principles of Civil Law promulgated by our country has become the core content of the compilation of the Civil Code.In terms of guardianship system,the General Principles of Civil Law have made systematic and complete provisions,and the General Principles of Civil Law have established the temporary guardianship system,which is the first time that the term "temporary guardianship" appears in our civil law.In recent years,there have been frequent incidents of abuse of guardians.The law stipulates that when a guardian seriously neglects his duty or seriously damages the rights and interests of the guardian,he shall be disqualified and a new guardian shall be reassigned.Before the new guardian is in place,in order to avoid the former Guardian injuring the guardian again,the temporary guardianship system should be added to protect the personal and property safety of the guardian,and necessary temporary guardianship measures should be taken.However,the specific provisions of temporary guardianship are relatively simple,and there are some problems.This paper is mainly divided into five parts to put forward specific suggestions for the construction of temporary guardianship system in China.The first part is to analyze the specific concept,nature and value of temporary guardianship and determine the types of temporary guardianship according to the current legal provisions of our country.The second part mainly analyses the application and existing problems of the temporary guardianship system in our country’s judicial trial according to the actual judicial cases.The third part mainly analyses the relevant provisions on temporary guardianship at the legislative level,summarizes the existing problems,and lays the foundation for the following specific recommendations.The fourth part studies the legislative content and system construction of the temporary guardianship system in the major countries of common law system and continental law system.By comparing with the foreign temporary guardianship system,it provides a reasonable reference for the construction of our temporary guardianship system.The fifth part,based on the shortcomings of temporary guardianship in our civil law,puts forward concrete suggestions for the establishment of temporary guardianship system in China,including expanding the scope of temporary guardians,defining specific rights and obligations,establishing norms of temporary guardianship procedures,establishing supporting measures,and establishing and improving a systematic guardianship and supervision system.