Legal Perfection Of Temporary Guardianship System In China

The temporary guardianship system is a system of temporary performance of guardianship by a state-mandated organization when the guardian loses guardianship or is temporarily unable to perform guardianship duties.The original General Provisions of the Civil Law stipulated two applications of the system.The Civil Code added a temporary care provision to address the issue of guardianship care forwards in special circumstances.The Law on the Protection of Minors is further amended to expand the circumstances in which the system is applicable.However,relevant theoretical and practical issues still need to be explored.Theoretically,China’s temporary guardianship system can be divided into four types: temporary guardianship system without a guardian,temporary guardianship system with revoked guardianship,temporary guardianship system for children in distress,and temporary guardianship system for adults without civil capacity.Currently,China’s temporary guardianship system still has three shortcomings in legislation: the subject of temporary guardianship is not clear,the rights and obligations of the subject are not clear,and the supervision mechanism is not sound.In justice,it also faces the dilemma of no standard for the management of the person who actually undertakes the care duties,the lack of timely connection between other departments and civil affairs departments,and the uncertainty of specific placement links.For the temporary guardianship system,there have been better experiences in foreign countries,such as the principle of the ward’s best interests,the reasonable replacement of public power,the effective implementation of the guardianship supervision mechanism and so on.In China,to further improve the temporary guardianship system,we can further proceed from four aspects: regulating the selection of temporary guardians,clarifying the rights and obligations of temporary guardians,strengthening the interface between the temporary guardianship system and the revocation system,and the long-term guardianship system,and establishing the supervision system of the temporary guardianship system.