| With the establishment of voluntary guardianship system in our country,in order to prevent guardians from infringing upon the personal and property rights of the ward,the importance of the supervision system for voluntary guardianship has been increasingly concerned.The country’s "Civil Code of the People’s Republic of China"(here in after referred to as "Civil Code")mentions the supervision for voluntary guardianship,but does not make detailed and operable legal provisions.Since voluntary guardianship emphasizes autonomy of will,the choice of guardian is determined by the ward at its own will.The actual implementation of voluntary guardianship usually waits when the ward loses the capacity for civil conduct,that is,the ability to supervise.Therefore,Without legal supervision of the guardian,and relying only on the guardian’s own inner morals to restrain,it will not be possible to better protect the rights and interests of the ward,and it is difficult to ensure that the voluntary guardianship system plays its due role.The full text is mainly divided into the following five parts to expand: first,in the introduction part,it mainly explains the background of the topic and the research significance of the study.It examines the current research status of the supervision system for voluntary guardianship at home and abroad,and conducts a general introduction for the main research content of the study.Secondly,in the second part,the basic concept of the supervision system for voluntary guardianship is defined,and then its development is examined from the historical dimension,and finally the necessity of establishing the supervision system is demonstrated;In the third part,it compares and examines the legislative status of the supervision system for voluntary guardianship in the two major legal systems,and analyzes its reference significance to our country;in the fourth part,it expounds the current regulations of the supervision system for voluntary guardianship in our country,and points out the problems existing in the supervision system for voluntary guardianship in our country from the aspects of the subject of supervision,its authority and duty,the object of supervision and the supporting measures;In the last part,on the basis of confirming the legislative principles of the supervision system for voluntary guardianship,suggestions are put forward,including clarifying the subject of supervision,determining the object of supervision,refining the authority and responsibility of the subject,and establishing supporting measures. |
