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Subject: On the Defects and Reform of China's Adult Guardianship Law -- Case Studies of Civil Case Trial Practice
Author: LIN Jianjun
Keyword: guardianship, selecting guardians
Newspapers published: Journal of China Women's University
Issue No. original: 2014(5)
As civil case trials involve important premises based on facts, this paper targets analysis of the current adult guardianship system and its defects as well as practices in trials. The author finds there are problems in China's adult guardianship system, such as scope of wardship being too narrow, ignoring a ward's intentions or abilities when selecting a guardian, appointment of undesirable guardians by organizations in which a ward is employed, lack of clarity on various issues, imperfect systems of supervision of guardian, and so on. Based on legislative and judicial practice, the author puts forward suggestions to improve China's civil adult guardianship system to throw light on the study of legislation related to adult guardianship, such as enlarging the scope of selecting guardians, introducing appointed guardianship selection, canceling appointed guardianship by the organization in which a ward is employed,specifying guardianship issues, strengthening the supervision of guardianship and so on.
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