现行民法监护制度尚不完善 ,尤其是缺乏对监护人未履行监护职责、甚至存在损害被监护人的权益的行为缺乏监督条款。法律的滞后 ,致使权利得不到保障 ,也难以达到确立监护制度的初衷。为此 ,必须解放思想 ,转变思路 ,完善监护制度 The current civil legal guardianship system is still not perfect, especially the lack of supervision of the guardian who fails to perform the duties of guardianship and even damages the rights and interests of the guardian. Due to the lag of laws, the rights can not be guaranteed and the original intention of establishing guardianship system can hardly be reached. To this end, we must emancipate our minds, change our thinking and improve the guardianship system