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《民法通则》作为我国先行的监护制度,存在理念创新不足、未建立完善的监护监督机制、对监护人范围限定不足等问题,因此《民法总则》在立法上除了延续通则的架构和模式,也在适度解释监护制度、强化政府部门监督作用、扩大监护范围等几个方面进行了优化和完善。
As the first guardianship system in our country, there are some problems such as the lack of idea innovation, the failure to establish and improve the guardianship supervision mechanism and the limited scope of the guardians. Therefore, in addition to the general framework and mode of the General Rules, Proper interpretation of guardianship system, strengthening the supervision role of government departments, expanding the scope of guardianship and other aspects were optimized and perfected.