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Research about Perfection of the Guardian System

Author: YanFuQiang
Tutor: KouZhanKui
School: Hebei Normal
Course: Marxist Theory and Ideological and Political Education
Keywords: guardianship the consignation of guardianship supervision to the guardian liabilify of the shool
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 400
Quote: 0
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Abstract


There are some people who are old, weak, sick and disabled in this society. How can the weak join in the social activity just like the normal? This is not only a social issue, but a legal issue. The guardianship is key point to deal with such problem.In our country, however, the stipulations related to guardianship is too simple and inoperable; it is so planned-economic and untimely; the theory is backward in legislation. Present guardianship can not handle the new situation with ease. So, it is necessary to put the system in order, make the defination clear, and set out a new thought to perfect our guardianship by using the experionce of other countries.This dissertation analyses the deficiencies with our guardianship on the basis of the comparison between domestic and oversee legislation, and then put forward some proposition in concrete terms.In the first segment, the auther dissertates the basic issues such as the theory foundation that the guardianship is based on and the nature of the guardian ship. The auther argues that the guardianship is based on the seystem of the capacity for civil conduct, and the guardianship is a liability.In the second segment, the auther dissertates the legislation, including how to deal with the relationship between the guardion and the right of the parents. The author holds that the civil law should adopt the dual model and distinguish such two system in legisltation.In the third segment, the auther judges the present guardianship. The auther points out the weak points and deficiencis concerning to the guardian, wards, appoitments, the supervision, the right of the guardian and the liability.Finally, the author propose some propositions for the legislation. Such propositions invovles with six aspects including the qualification of guardian, the scope of the guardianship, the way to appoint the guardian, the system of supervision and the liabilies. The author also presents some original arguments such as arbitrary guardianship and the supervision system. In this segment, the author paid special attention to the adult guardianship, the consignation of guardianship and the school liability. I expectd such propositions can benefite to the legislation and propose some different opipions to deal with naturalization of the weakness.

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