中国监护信托制度的构建

Abstract

RPC General Provisions of the Civil Law (draft) perfects the adult guardianship in the part of guardianship system. On the one hand, the person under guardianship is not limited to the juvenile and the mentally disabled. On the other hand, the draft adds individuals and relative organizations who/which have the will to be guardian. This new regulation means the socialization of adult guardianship. However, these relative organizations mostly are social welfare institutions with guardianship will and ability, but also have some limits and shortages as guardian, because they are actually lack of professional fund management ability and effective supervision mechanism. Therefore, it is far from enough to add these relative organization examples as guardian. So we consider that guardianship trust system is more comply with the trend of guardianship socialization. With the principle which benefits to the person under guardianship, this paper explores the construction of guardianship trust system in China, according to the following line of thinking. Firstly, point out the deficiency of the traditional guardianship system and trust system. Then introduce the conception of guardianship trust and discuss its function. Finally, use extraterritorial experience for reference, and combine with the situation of China to put forward some suggestions about the construction of guardianship trust system in china from the trustor, trustee and supervisor angles.