Abstract: Article 34（4） of the Civil Code of China is a temporary living care system established in response to emergencies against the background of guardianship system. However, due to the lack of profound theoretical research and practical exploration, there are many controversies in the understanding and application of this provision: the prerequisite conditions for emergencies are unclear, the status of guardian and ward is questionable, the degree of temporary living care is uncertain, and the cost is unclear. Meanwhile, in judicial practice, cases that rely on this provision as a basis for judgment are mostly based on special procedures, and the judicial applicability needs to be strengthened. It is urgent to improve this provision, limit its semantics, and achieve the goal of protecting the ward and maintaining social harmony and stability.

Key words: guardianship system, Article 34（4）, temporary living care, emergency