Research On The System Of Intentional Guardianship Subject For Adults

Since China entered the aging society,the number of elderly people has been increasing,and the pressure on the old-age pension is huge.The existing legal guardianship system alone can hardly meet the practical needs.It is urgent to reform the adult guardianship system in China and expand the scope of guardianship,sharing the burden of part of the family supervision.In this context,the adult-oriented guardianship system came into being.Due to the short time of the establishment of the system in China,the design of relevant systems is not perfect,and many regulations remain at a relatively principled level.This paper takes the problems existing in the adult-oriented custodial system as the key point,and proposes perfect suggestions for the trustee system and the custodial supervision subject system in the adult custodial subject system.The intentional guardianship system mainly stipulates that in Article 26 of<the Law on the Protection of the Rights and Interests of the Aged in China>and Article 33 of<the General Principles of the Civil Law of the People's Republic of China>(hereinafter referred to as the General Principles of Civil Law),the number of provisions is small and the system design is unitary and principled,etc.,many details have not been clearly defined.For example,there is no specific norm for the qualification of the intended guardian,which is not conducive to the efficient selection of the appropriate guardian;system design for the subject of guardianship and supervision are missing,leading to the lack of effective supervision of guardians in the performance of their duties,is not conducive to preventing and curbing the abuse of custody,etc.The existence of these details will be detrimental to the maintenance of the legitimate rights and interests of the ward.The intentional guardianship system has evolved from a foreign continuing agency system,which has developed relatively mature in foreign countries.The United States' continuous agency system has created a precedent for the emergence of the intentional guardianship system.On this basis,the United Kingdom supplements the system,adding public power supervision institutions to supervise the guardianship of the intended guardians,and Japan is drawing on the United States.On the basis of the pioneering system of the country,combined with the national conditions,the system is improved,the intentional guardianship registration system and the supervision mode combining public power supervision and private supervision are created.In addition,in the development of the intended guardianship,new guardianship theories emerged,such as respecting the arbitrator's discretion and maintaining the normalization of life and the best interests and minimum restrictions of the ward.The comparative analysis of foreign advanced custody concepts and related legislation and reform experience can provide reference a for the improvement of China's relevant systems.Based on the absorption of relevant foreign legislation and guardianship theory,and the actual custody needs of China,this paper proposes legislative proposals for the improvement of the adult custodial subject system in China.Specifically from five aspects:The first is the introduction of the article,including the background,purpose and significance of the research,research methods,innovations of the thesis,etc.Secondly,it studies the relevant theories of the adult-oriented custodial system,including custody and adult custody.The understanding and characteristics of it lead to the concept of an adult-defined guardianship system.Through the different academic viewpoints and the comparison with the adult legal guardianship system to grasp the meaning and characteristics of the adult-oriented guardianship system,and thus recognize the importance of the system,and draw the necessity of perfecting the system of adult-oriented custodial subjects in China;From the legislation and the literature,it analyzes the status,problems and causes of the adult custodial subject system in China,and clearly understands these status and problems,which helps us to better understand the adult custodial system and thus better.Improve the system;then,through comparative analysis,analyze the reform process of the United States,England and Japan on the intentional guardianship system and its relevant provisions on the guardianship system,so that it can provide a lot of cheap for the improvement of China's system.On the basis of national legislation and legislative experience,combined with the concept of the rule of law in China and the actual situation,it is expected to propose recommendations suitable for China's development.Finally,the author puts forward some suggestions for the improvement of the system.On the one hand,it regulates the qualifications of the intended guardian,and clearly defines the specific conditions for the intended guardian from both positive and negative qualifications.At the same time,it clearly defines the guardian in the monitoring process.The rights and obligations that should be fulfilled,as well as the liability to bear,for example,to provide the guardian with the right to claim fees and remuneration,to resign,and to be exempted from liability under legitimate cause.By standardizing the system of guardianship,it is possible to ensure the smooth implementation of the intended guardianship system.On the other hand,improving the system of the main body of supervision and supervision,clarify the type of supervision,the qualifications of the subject,and the rights and obligations should be fulfilled in the specific supervision process.Through the regulation of the supervisory subject system,it is possible to effectively prevent and contain the abuse of guardianship by guardians,abuse of guardianship,and timely and properly protect the legitimate rights and interests of the guardian.It takes time for any system from born to perfected.It is not only necessary for legislators to keep pace with the times,but also to fill in the gaps in the system in a timely manner.It is also necessary for each of us to work hard for it,from the thought,action to contribute their own modest force.All in all,in the current situation,perfecting the system of adult-oriented custodial subjects is of great significance both in legislation and in practice.