摘要
为了解我国律师实践意定监护制度的情况,对我国开展该业务的部分家事律师进行了调研,结合国外经验,得出结论:法律专业背景有助于律师开展有效监督,加之收费方式与标准灵活,默认其作为监督人可避免受托人产生抵触心理;采用律师与其他监护人共同监护、各司其职的方式可大大增强其担任意定监护人的可行性。律师作为监护监督人或意定监护人不存在法理及实践操作的障碍。
In order to investigate the practice of voluntary guardianship system by Chinese lawyers,interviews were conducted with some of the lawyers who carried out this business in China.Based on the study of foreign experience,conclusions were drawn:The legal professional background helps lawyers to carry out effective supervision,and their charging method and standards are flexible.Thus,tacit recognition of such a lawyer as a supervisor can avoid resistance of the trustee;the adoption of a joint guardianship between a lawyer and other guardians performing their duties respectively can greatly enhance the feasibility of lawyer serving as an voluntary guardian.For this reason,the main status of lawyers as guardianship supervisors or voluntary guardians does not have legal and practical obstacles.
作者
董思远
DONG Siyuan(School of Law, Fujian University of Technology, Fuzhou 350118, China)
出处
《福建工程学院学报》
CAS
2022年第2期177-182,共6页
Journal of Fujian University of Technology
基金
福建省社会科学规划项目青年项目(FJ2019C001)。
关键词
意定监护
律师
主体地位
voluntary guardianship
lawyers
subject status
