| 英文摘要 |
The main function of the Guardian ad Litem is to safeguard the interests and express the views of the custodian. This system has been implemented for more than three years in Taiwan. It is thus essential to examine whether the system has worked as it had been aimed by legislation. This paper will discuss on 5 concerned issues, namely, the necessity for assignment, the function, the official duty, the notice and payments for the work, and the training of the Guardian ad Litem. After a thorough examination of the practical issues, major problems will be indicated with suggestions to solve them including, first, to amend article 165 of the Law of Domestic Proceedings, so that the authority of the judge may be strengthened to give clear and specific instructions to the appointed Guardian ad Litem; second, the transplanted system should be localized; third, the post shall be first given to qualified people with specified licenses or trainings; forth, the judicial authority should conduct regular training programs; and fifth, while a Guardian ad Litem is appointed by the court but the parties cannot afford to pay for it, the costs shall be covered with public fund. |
