Research On The Voluntary Guardianship Contract System

Since China began to implement the "civil law" from the relevant guardianship system has been formed,but the "guardianship civil law" is the main target of minors and mental patients,no civil capacity or with limited civil capacity,the establishment of special care people in accordance with the law,be responsible for the implementation of monitoring and management of the person and property.For many years,the subject of civil law guardianship in our country is fixed,and the natural persons with full capacity for civil conduct have not formulated relevant legal norms.In March 2017,the Chinese government promulgated the "people's Republic of China Law",which made a more detailed description of the guardianship system,especially the thirty-third guardianship system: "with full civil capacity of adults,and other close relatives,willing to serve as the guardian of a person or organization prior consultation in a written form to determine their own guardian.The guardians determined by the consultation shall perform their guardianship duties when the adult has lost or partially lost its capacity for civil conduct." The mandatory guardianship system refers to the preventive guardianship system that is made when the natural person has full capacity for civil conduct,and may lose some or all of his ability in the future.Guardianship object when the contract,with full civil capacity,so,according to the principles of civil law "autonomy",people can choose their own guardians,and have the right to decide if there is a need to implement the monitoring of specific monitoring items for monitoring process may appear in their own property expenditure can also be decided.The starting point of this article is the related theory of the Italy guardianship system.In the first chapter,expounds the contents and principles of the definition of guardianship system and make the analysis,also discussed the development of this system in China;in the second chapter,through the comparison,the other areas of guardianship system and the relevant legal system and civil law system are analyzed clearly,the particularity of our guardianship,any system can not be replaced,it can be regarded as a new system in the civil legislation;in the third chapter,analyzes the guardianship contract,which is the premise of guardianship system,firstly analyzes the contract in the end is not clear and the contract;the main body of the contract,including my appointed guardian,the supervisor of three parts;finally,the effectiveness of this contract,the establishment and effect and failure conditions were introduced and analyzed.By means of the guardianship theory elaboration,analysis of guardianship structure and unique;in the fourth chapter,taking examples,illustrates the guardians of the rights and obligations of the contents,including the rights of guardianship agency the right to obtain compensation right and obligation to have the right to resign;personal care and property management.In order to guarantee the fulfillment of the obligations stipulated in the contract,and to ensure the completion of the purpose of the contract,we should establish a supervisory mechanism of the intending supervisor to protect the rights and interests of the guardianship.In the fifth chapter,the author divides the supervision mode of the intending guardianship system into two kinds: the public power and the private one,and expounds the selection and specific duties of the supervisor in the private mode.