Research On Intentional Guardianship System For Adults

With the legislative movement of the world adult intentional guardianship system and the requirement of the change of the concept of adult guardianship,Article 33 of the General Principles of Civil Law promulgated in 2017 has made a breakthrough in the elderly intentional guardianship system established in Article 26 of the Law on the Protection of the Rights and Interests of the Elderly,conformed to the trend of the reform of the world adult guardianship system,and expanded the scope of application of adult intentional guardianship in China from the elderly to adults.To initiate the adult intentional guardianship system in China.Adult intentional guardianship system absorbs the elements of autonomy of will under contract law,respects the self-will of the guardian,and breaks the traditional legal paternalism concept of guardianship system.At the same time,the intentional guardianship of adults is interfered by the public power.Through the supervision of the intentional guardianship of adults,the normal operation of the intentional guardianship of adults can be guaranteed.The most important two aspects of intentional adult guardianship system are intentional guardianship agreement and intentional guardianship supervision system.However,in the General Principles of Civil Law,the provisions of the adult intentional guardianship system are too principled,lacking the specific rules of the intentional guardianship agreement,and failing to establish a comprehensive intentional guardianship supervision system,which brings difficulties to judicial practice.In view of this,this paper makes a comparative analysis of the legal system of intentional guardianship of adults in foreign countries,and at the same time absorbs the improvement opinions put forward by many scholars in the compilation of the General Principles of Civil Law,and puts forward some suggestions on the imperfections of the system of intentional guardianship of adults in the General Principles of Civil Law.This paper is divided into three parts.The first part is an overview of the adult intentional guardianship system.Firstly,the related concepts of adult intentional guardianship are discriminated.Secondly,the existing legal provisions are analyzed.Finally,the legislative defects are put forward.The second part is the investigation of the intentional guardianship system for adults outside the country.Firstly,through the overall analysis of the status quo of adult intentional guardianship legislation and the change of guardianship concept,secondly,the comparison of adult intentional guardianship legislation in various countries is made,and the legislative experience that can be used for reference in our country is obtained.The third part is to improve the adult intentional guardianship system.It includes perfecting the specific content of the intended guardianship agreement and establishing a comprehensive guardianship supervision system.Intentional guardianship agreement is essentially a contract of entrustment with effective conditions.It analyses the main elements,contents,forms and effective elements of the principal and the trustee.Intentional guardianship and supervision system is an important system to protect adult intentional guardianship.Intentional guardianship and supervision are more standardized by setting up multiple ways of appointment which take intentional guardianship supervisor as the first and intentional guardianship and supervision institution as the supplement,and improving the specific duties and functions of intentional guardianship and supervision.