On The Perfection Of The Intentional Guardianship System For Adults

With the growing problem of the “aging population” in the world,the guardianship system and the concept of custody aimed at solving this social problem are also constantly developing.In order to achieve the stable development of society,various countries have reformed and improved the guardianship system,and China is also reforming and perfecting the system.Article 33 of the General Principles of the Civil Law of the People's Republic of China makes basic provisions for the intended custody of adults.In the current legal provisions on the intentional custody of adults in China,the content is very general and not specific or even the most basic provisions on the adult custody system are not specific and perfect.There is also no guarantee system that is compatible with the system.Faced with the increasingly serious social problems of China's aging population,it is difficult to solve the problem under the current situation of incomplete legislation.Compared with the regulations of the guardianship system in developed countries,there are large gaps.Therefore,this paper envisages on the basis of the existing adult-oriented adult custodial guidance,and puts forward suggestions for the construction of adult-oriented custodians adapted to China's national conditions in order to improve the legal regulations and the system.The main body of this paper is divided into five parts: The first part mainly elaborates the background and significance of the topic selection of adults' intentional custody.The background is that the lack of laws in China is difficult to meet the needs of social development.The significance is to further improve the system.Study and analyze the development process of the adult-specific guardianship system at home and abroad.The second part introduces the theoretical problems of adult-oriented custody,including the meaning of full civil capacity,through the signing of the guardianship contract to provide custody protection for future lack of civil capacity or physical and mental obstacles;the nature is public law A private law system that integrates rights and obligations;it has the function of safeguarding human rights and relieving the pressure of family pension.The third part introduces the status quo of the adult's intentional guardianship system in China,the incompleteness of the basic principles of the system,the single protection measures,the application time of the intended guardianship,and the narrow scope and lack of supervision.The fourth part analyzes and improves the enlightenment of the adult-oriented infant care system in China by analyzing the system of adult-oriented guardianship in the civil law system and the common law system.The fifth part puts forward corresponding suggestions for improvement from the aspects of the principle,main body,content and related supervision and protection system of the intended guardianship.Through the previous research,it is suggested that the Adult Guardianship Law be enacted under conditions,and the content of adult custody should be more detailed and specific in legislation.Clearly define relevant subjects,content and other important provisions,so that the system can more effectively implement the protection of the rights and interests of adults.There should be different monitoring methods for the main situation of the intended guardianship system,and care measures for care,support,and guardianship should be created.This allows different groups of adults to be targeted and more in line with the interests of the individual.At the same time,the guardianship duties should be implemented to the individual when the guardian is appointed as the guardian;the supervisory duties of the public authority should be clarified;and the guardianship registration system should be established.Make the system more perfect and adapt to the development of society to protect human rights.