On The Perfection Of The Adult Intended Guardianship System In China

The World population Outlook report 2017 published by the United Nations in 2018 makes statistics on the current situation of the world population,and analyses the population of different age groups,the rate of growth,and the proportion of the population to the total population.The aging trend is a global problem,with the increase of the elderly population,the traditional old-age,guardianship system has been affected to a certain extent.In addition,in modern society,people are becoming more and more aware of their rights,and all sides are calling for the protection of human rights.The intentional guardianship system originated from the continuous agency system in the United States.The system creates the idea that the agency power is not extinguished by the agent's incapacity except that it is clearly stated that the agency power is not extinguished by the agent's incapacity.And the idea has been absorbed by countries,and then reform their adult guardianship system.Although the legal system is different,there are differences in the specific norms of the system,but the purpose of legislation is the same as the legal effect pursued.As a representative country of the common law system,the agency system of the United States and Britain is very perfect.However,due to the high cost of the domestic public guardianship policy and its implementation,the procedure is complex,and the degree of application of the continuous agency is relatively higher.The reform of the adult guardianship system in the continental law system is based on the absorption of the intended guardianship system and the revision of the original statutory guardianship system,whether it is the one-way care system in Germany or the three-way guardianship system in Japan.All of them provide ideas for the management of aging social problems.The concept of the system of the surveillance system in our country is found in the Law on the Protection of the Rights and Interests of the Elderly,which was amended in 2012,and the system is re-established in the Civil Code of Civil Law promulgated by the National People's Congress.However,the application of the system is still blank.The proportion of the elderly population in China continues to rise and the demographic dividend is shrinking,paying attention to the rights and interests of the elderly,solving the problem of the rights of the elderly from the source,therefore studying from the reality,elder are the most applicable group.The suggestion come from perfection of the coverage,the supervision mechanism and the guarantee of the public power,etc.Figure0;Table0;Reference 50.