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Current Situation and Future Development of Voluntary Guardianship System in China
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중국 임의후견제도의 현황과 전망

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Type
Academic journal
Author
孙颖 (华东政法大学) Doyeon Kim (충남대학교)
Journal
The Korea-China Society of Law 중국법연구 중국법연구 제50권 KCI Accredited Journals
Published
2022.11
Pages
97 - 124 (28page)

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Current Situation and Future Development of Voluntary Guardianship System in China
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Facing the current situation of aging and fewer children, Chinese intentional guardianship has received much theoretical and practical attention in recent years. Although the relevant laws have been in force for more than ten years, the legal provisions, system practice and academic research reflect that the system still has problems such as unclear positioning, simple provisions and lack of supporting systems, which reflects the cultural dilemma of localization of foreign systems. It should be made clear that guardianship belongs to an entrustment agreement, is different from maintenance and maintenance obligations, and has priority over legal guardianship. In the future, the establishment and effectiveness of voluntary guardianship should be removed from the connection with the declaration of capacity; Add supervision of voluntary guardianship; It also pays attention to the integration with social system and traditional culture in the process of localization of custody.
#중국법 #임의후견 #행위능력 #후견감독 #현지화 #Chinese law #Voluntary guardianship #Behavioral capacity #Guardianship supervision #Localization

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