Study On The Elderly Guardianship System

In the face of the serious situation of population aging in our country,responding to the reform tide of modern adult guardianship system and also coinciding with the civil code compiling,the elderly guardianship system in General Principles of Civil Law was revised.However,there are still many unreasonable and imperfect places,which can neither effectively protect the rights of the elderly,nor meet the practical needs of the elderly in guardianship.The main contents of this paper are divided into four parts.In the first part,the historical research method was used to analyze the three development courses of th e guardianship system,and new features of the adult guardianship system presented nowadays,such as adopting the limited guardianship modes,diversified protection and support measures,new system of primary elderly self-determined guardianship and subsidiary elderly legal guardianship system and national public power intervention,were enumerated.The elderly guardianship system takes the aged persons who are above 60 years old and have insufficient capacity or loss of behavior as guardianship object.Compared with the support system and legacy support agreement system,it has unique characteristics in subject and content.In the second part,the relevant laws of the current elderly guardianship system in China were combed,and it was found that in the eld erly legal guardianship system,there are unreasonable aspects: taking behavior ability system as the premise of the elderly guardianship system,improper restrictions on the scope and selection order of guardians,adopting a single guardianship mode and so on;moreover,there is a lack of explicit provisions on the specific contents such as the qualifications of the guardian,the rights and obligations of the guardian and supervision of the guardianship.There is even no provision on specific system contents in the elderly self-determined guardianship system.In the third part,the German adult care system of the civil law system,the adult care system in Japan and the adult guardianship system in South Korea were analyzed to find the reference for the improvement of the elderly guardianship system in China.In the fourth part,combined with the actual situation of China,separating the elderly legal guardianship system from the system of behavioral ability,setting up the mode of guardianship and auxiliary secondary guardianship,optimizing guardian selection rules,clarifying and balancing the rights and obligations of the guardian and establishing a dual-track supervision system combining the state power supervision and private supervision were suggested.The relevant contents of the elderly self-determined guardianship contract should be fully elaborated,supplemented by supervision system and registration system,in order to ensure the smooth implementation of the supervision system.