Improvement Of The Intentional Guardianship Supervision System For Adults In China

With the deepening of the aging of our country,the enhancement of people's general legal consciousness,more and more adults emphasize their autonomous rights.The newly revised General Principles of Civil Law,the Law on the Protection of the Rights and Interests of the Elderly explicitly include intentional guardianship in the law.More adults choose their own guardians according to their wishes,but consequently,in intentional guardianship,the abuse of guardian's rights leads to the guardians personal,personal status as well Property infringement cases occur frequently.The developed countries in the Americas represent the United States,Germany,France,Britain,Japan and Korea in Asia.The supervisory and supervisory system tends to be complete.Now there are 36 articles in our national law,which infringe on guardians,and the guardian applies to the court for the method of revocation.However,this kind of relief method is called afterwards relief in academic circles,that is,infringement has occurred.As a matter of fact,this kind of guardianship supervision loses its due significance,so we should establish a corresponding guardianship supervision system in advance,in the process to avoid damage,so as well the premise of guardianship supervision is the effective conclusion of the intended contract,and when it comes into effect is very important.Suggestions : on the subject of supervision,obligations,and when to terminate can effectively improve guardianship supervision.The supervisory system makes the supervisory system run more smoothly and clearly in practice,clears the obstacles in the process of supervisory practice,many effectively protects the interests of the guardians.By comparing the development process of common law system,continental law system countries and the problems encountered in practice and this paper tries to find solutions,absorb the strengths of a hundred schools of thought,integrate the national conditions of our country,and discuss some suggestions to improve our national conditions according to the above points.Chapter one explains the definition of guardianship supervision,the mode of guardianship supervision,the importance of guardianship supervision in the world and why to exercise guardianship supervision system in combination with the situation.Chapter two elaborates on the system of guardianship supervision for adults outside the country.It analyses several typical supervisory modes from the typical representative countries of civil law system,common law system respectively,then presents the system of guardianship supervision outside the country.Chapter three,aiming at the general principles of our current civil law and the protection law for the rights,interests of the elderly,discusses the disadvantages of our current law.Chapter four,aiming at the limitations of the existing law,respectively,advances from the basic principles,the initiation of supervision,the selection of supervisors,the rights and obligations of supervision,and the termination of supervision.This paper provides several aspects which are conducive to the development of the guardianship,supervision system,puts forward constructive suggestions for these aspects.