一、性质定位监护在性子上是一种权利,而这种权利是以义务作为前提和中心的。我国理论界中相当数量的学者将鉴湖的性质确定为义务或职责,存在许多不妥之处。首先,从各国监护制度的规定来看,监护人除了负有监护保护的义务外,还享有诸如获取报酬的请求权以及法定理由下的辞职权等益。 First, the nature of the custody of the character is a kind of right, and this right is the obligation as a precondition and center. A considerable number of scholars in China’s academic circles define the nature of Jianghu Lake as an obligation or duty, and there are many flaws. First of all, judging from the provisions of guardianship systems in various countries, guardians, in addition to their obligation of guardianship protection, also enjoy the benefits such as the right to seek remuneration and the resignation right under statutory reasons.