Abstract: Although the guardianship system is mainly stipulated in civil law and regulations， it does not mean it is of natural private law attribute or the civil administration department performs state guardianship duties as civil subject. The state guardian falls into guardianship field to fulfill public law duties in an official capacity. Meanwhile， there exist public law legal relations in the state guardian， the person under guardianship and the third party. To solve the institutional dilemma of the state guardian due to the lack of legal systems and their long-term ineffectiveness and build an operational state guardianship system， the public legal status of the state guardian should be acknowledged and different forms of legal relations in the state guardian， the person under guardianship and the third party should be taken into account. The institutional framework should cover responsibility mechanism based on administrative entrustment theory and supervision mechanism on the administrative public welfare litigation.

Key words: state guardian; survival care obligations; legal relationship