On Perfection Of Adult Voluntarily Nominated Guardianship System In China

Our law has always focused on the guardianship of minors and mental patients.With the development of society,the problem of population aging is exacerbated,and many complicated cases have led to an increase in the number of adult physical and mental disabilities in China.In the face of many adult physical and mental disabilities,the weakening or loss of the capacity is not the disappearance of their rights,can not be simply derived or restricted,nor can the adult physical and mental disabilities to be absolutely prohibited transaction.In recent years,the concept of adult guardianship was recognized,human rights protection is already a very important topic.In order to respect the self-determination of adult physical and mental disabilities,to maintain the normalization,in the welfare concept,affected by the use of physical and mental disabilities residual capacity and other new ideas make the guardianship system innovation.Many countries have long been to explore adult voluntarily nominated guardianship system.Meeting the need for theoretical progress and the reality of our country's demand for voluntarily nominated guardianship in adults,we are also very necessary to construct same system.On March 15,2017,Article 33 of the General Principles of the Civil Law of the People's Republic of China adopted at the twelfth session of the 12th National People's Congress stipulated the adult voluntarily nominated guardianship system,But too principle and simple,no specific system with the convergence.We found there are many problems that China's adult voluntarily nominated guardianship:China's guardian philosophy behind;Guardianship is confusing with parental authority;The legislative system of adult voluntarily nominated guardianship is not scientific and perfect;The provisions of adult voluntarily nominated guardianship are not clear and specific;The ability to judge no clear provisions;Lack of supervision.In judicial practice,the guardian's freedom of will is not fully respected,guardianship and parental rights confused,adult voluntarily nominated guardianship system is thin,the adult counseling system is too simple to judge,can not judge meaning ability,guardians exercise their right to guardianship without supervision and abuse.By drawing lessons from the provisions of the Anglo-American law system and the civil law system on adult voluntarily nominated guardianship system,we will learn from the essence of guardianship,content,procedures and supervision and supervision.update the idea of adult guardianship in our country,recognize the concept of parental(?)authority and guardianship,clarify the relationship between each other,The scientific choice of the legislative system on adult voluntarily nominated guardianship,clear the main content of adult voluntarily nominated guardianship system,clear the ability to judge the standard,to increase the content of monitoring and supervision.To further improve the adult guardianship system in China,so that it can fully respect the guardian's self-determination in judicial practice,play a favorable role in adult voluntarily nominated guardianship system,and effectively protect the legitimate rights and interests of the guardian.