중국 후견제도의 현황과 입법동향

Abstract

Guardianship system is an important part in Chinese legal system. Under the current civil law, the guardianship system is only set up for minors and mental patients to protect their lawful rights and interests, and to maintain social stability. However, with the acceleration of population aging, the adult guardianship should be taken into consideration. Based on the introduction of present guardianship system, this paper points out some problems of this system, such as no clear-cut distinction between parent’s right and guardianship, narrow scope of person under guardianship and the ambiguous provisions of the revocation of guardianship, etc. Last year, General Provisions of the Civil Law (three drafts) that submitted to the NPC Standing Committee adjusted the scope of guardian and word, and made sense of the situation of revocation of guardianship, etc. Therefore, this paper analyses the three drafts principles of guardianship and the legislative trend of guardianship system.