Study On The Arbitrary Adult Guardianship System Of China

The arbitrary adult guardianship is the core of modern adult guardianship reform.The first vocalization of our country's arbitrary adult guardianship system was the Law on the Protection of the Rights and Interests of the Elderly in 2012.Compared with the United States,which established a system of arbitrary adult guardianship with a continuous agency system in 1954,and the following countries,such as Britain,Germany,Japan,Switzerland and Korea,legislation on adult guardianship in China started too late.At the same time,scholars don't pay enough attention to adult guardianship.Due to the inadequacy of adult legal guardianship and the inconsistency between the adult legal guardianship system and the modern international human rights concept,China has begun to reform the modern adult guardianship system and established an adult guardianship system.Because the rules of the existing adult guardianship system are too abstract,the concept and legal nature of the adult guardianship system cannot be drawn directly through the provisions of the law.Based on the analysis of the legal nature of the adult guardianship system,this paper defines the concept of the arbitrary adult guardianship system.At the same time,Compared with civil law system such as support,and legal guardianship systems,The summarize the characteristics of adult supervision system.China's arbitrary adult guardianship system is still an oath-based provision.Not only is the rule itself a certain degree of inadequacy,but it also lacks guidance and operability and effectiveness.The arbitrary adult guardianship system in China has the problems of lack of effectiveness in the announcement system of civil capacity,lack of provisions for custodial contracts,the selection criteria for guardians,inappropriate guardian range,and lack of adult guardianship supervision systems.The main reason for the problem is The declaration system of capacity for civil conduct is too simple to influence the effectiveness,blurry legal nature and legislation started lately lead to Legislative blank,traditional concepts influence rulemaking,The lack of subject boundary ambiguity leads to the lack of an arbitrary adult guardianship supervision system.Therefore,the paper believes that a comprehensive set of adult guardianship system should be established as soon as possible to determine the rules of presumption of behavior,to determine the behavior of natural persons in a case-by-case review,and to simplify the statutory procedures for applying arbitrary adult guardianship.Requires framework-type provisions for the formal elements and essential elements of the adult guardianship system,and minimizes the degree of legal intervention.Positively stipulates guardian qualifications and expands the scope of application for arbitrary adult guardianship,makes restrictive provisions on guardian qualifications,and expands the scope of adult guardianship to persons with adult disabilities.Finally,a dual-track supervision model should be established that involves both public and private supervision,so that deterrence with public authority at the same time has the flexibility and timeliness of private supervision.