The Restructering of the Legal Regime of the Guardianship Institution of Our Country
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||guardianship institution guardianship restructering of the legal regime of the guardianship institution parental rights parents’rights of attendance|
Guardianship institution is an important modern civil law legal system which is irreplaceable for the protection of legitimate interests of incompetent persons. Guardianship system in our country started late ,so legislation lags behind and it is not perfect. The regulations of guardianship institution in our country are mainly represented in GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE’S REPUBLIC OF CHINA and a number of related civil legal regulations. Due to the limit of legislative background at that time, the provisions of guardianship institution are abstract and hard to operate which needs to consummate. To consummate guardianship institution itself needs consummating the legal regime of guardianship institution as the first step, afterwards, consummating content in the logical and rationale regime.This paper is focus on the legal regime of guardianship institution rather than its content. It pays attention to defects and corresponding reasons of current legal regime of legislation guardianship system in our country. A unique notion of restructering of the legal regime of the guardianship institution of our country is raised combined with the advanced legislative experience and rationale of other countries and regions which provides materials for codification of Civil Code.The main body here includes four parts.ChapterⅠpays attention to the concept and property of guardianship and its focus is property of guardianship which is the premise of restructering of the legal regime of the guardianship institution.ChapterⅡanalyses defects and corresponding reasons of current legal regime of legislation guardianship system in our country. ChapterⅢincludes two parts which covers the evolution of the related legislation, the advanced legislative experience and rationale of other counties and regions.ChapterⅣis the core of this article which raises the notion of restructering of the legal regime of the guardianship institution of our country under the Civil Code. The writer suggests that guardianship institution and parental power system are distinguished as different parts in family law of Civil Code and Attendance of Parental rights should take the place of Parents’Right.Research Methods here involve in comparison with related systems, theories associated with practice and comparative analysis, etc. Besides, this paper is not rigidly stick to content of a specific system, but to the legal regime of legislation.