Research On The Subject System Of Guardianship Supervision In China

As the executor of guardianship supervision system,the subject of guardianship supervision is the key to the effective implementation of guardianship supervision system.However,the local experience reflects the various obstacles that custodial supervisors of different natures face in performing their duties.As far as state power is concerned,civil affairs departments have problems of unclear orientation and insufficient daily supervision capacity,while procuratorial organs face legal obstacles and limited capacity in performing their duties.In terms of social power,the neighborhood committee and village committee have some problems,such as unclear responsibilities,passive attitude to supervision,easy use of "providing material help" to replace supervision,and limited ability to perform duties.As far as personal power is concerned,there are mainly problems of not giving full play to their role in "detecting infringement" and lack of initiative in supervising affairs.Among them,the reasons for the predicament of the civil affairs department is the lack of special guardianship supervision subject,the state does not tend to let the civil affairs department in charge of daily supervision,and the reason for the predicament of the procuratorial organ is that it should not be directly responsible for guardianship supervision,and can only take individual cases as the path of intervention.The reasons for the predicament of the neighborhood committee and the village committee are the unclear understanding of the distribution of guardianship and supervision responsibilities in the enacted law,the "two committees" bound by the concept of "family orientation",the unclear supervision responsibilities and the insufficient resources allocated to the "two committees" by the state.The reasons for the predicament of individual power are the lack of institutional guarantee and the difficulty for individuals to benefit from supervision.In view of the above problems and causes,the following main ways can be used to solve them: on the basis of learning from overseas guardianship supervision mode,combined with the results of field investigation,we should try to choose the supervision mode of "public authority active indirect intervention" which is more consistent with the practice situation in China;Shall establish the guardianship supervision decision subject,the guardianship supervision decided to implement supervision of legal subject and daily supervision and main body,respectively by the civil affairs department,the procuratorial organs,neighborhood committees and village committees,and should not be hard on individuals to undertake guardianship supervision responsibilities,and shall actively guide and encourage individuals to play the positive role of the supervision of guardianship.