The Perfection Of Adult Voluntary Guardianship System In China

With the gradual progress of the concept of human rights protection,countries around the world have successively carried out reforms of the adult guardianship system to adapt to the national conditions in response to the increasingly serious problems caused by the aging population of the world.In this context,the adult-oriented guardianship system should be produced in time.The old adult guardianship system implemented before the promulgation of the General Principles of the Civil Law is still limited to the backward legislative concept and lacks to solve the problems of personal care and property management for people with physical and mental disabilities.Countermeasures,especially the lack of respect for individual autonomy and respect for the remaining capacity,until the enactment of the "General Principles of Civil Law" in 2017 to add a new adult-oriented guardianship system.The provisions of the General Principles of the Civil Law have absorbed the legislative experience of the elderly guardianship in the Law on the Protection of the Rights and Interests of the Elderly.This is another revolutionary new milestone in China's adult guardianship system.On the other hand,the provisions of the General Principles of Civil Law are too principled,and there are problems such as simple institutional system,narrow scope of selection,lack of effective requirements for intentional custody,and lack of intentional monitoring and supervision mechanisms.Therefore,in order to adapt to the trend of population aging national conditions and to absorb the innovative world legislative concept,China can learn from the successful legislative experience of other countries,further improve the adult-intentioned guardianship system,and expand the scope of the intended guardianship to establish an intentional guardianship contract.The registration notarization procedure,enriching the level of supervision,designing the intentional monitoring and supervision mechanism,etc.concretely and systematically constructing the adult intentional guardianship system in order to realize the personal dignity of the vulnerable groups such as the elderly and the physically and mentally handicapped.