Optimisation of the Voluntary Guardianship System Application in China's Civil Law
The Voluntary Guardianship system was officially included into China's Civil Code on 1 January 2021. This system exhibits a comprehensive adherence to and acknowledgment of the rights of individuals within the realm of civil law. Nevertheless, the adoption of the new system gives rise to novel inquiries regarding the efficacy of the enforcement mechanism in ensuring the successful execution of the established guardianship system. Several perspectives have been proposed by scholars regarding the optimisation of the implementation procedures associated with the Voluntary Guardianship system. However, they do not fully and effectively resolve the challenges associated with the application of the Voluntary Guardianship system. Consequently, this study will employ some qualitative research methodologies to conduct a comprehensive analysis of potential enhancements to the Voluntary Guardianship system. This analysis will be informed by theoretical insights from pertinent scholars and will be supplemented by the implementation of a sociological survey focused on the Voluntary Guardianship system. Regarding the results obtained, this study underscores the significance of the Voluntary Guardianship system within the realm of civil law in China. The present Voluntary Guardianship system encounters challenges pertaining to inadequate supervision, insufficient procedural regulations, absence of objective judgement standards, and a lack of criteria for assessing guardianship qualifications. Hence, it is imperative to safeguard the legal entitlements of individuals within the Voluntary Guardianship framework by the implementation of procedural regulations and enhancements to substantive regulations. This study holds significant value in addressing the deficiencies within China's existing legal framework and facilitating the advancement of its legal system.