Research On The Problem Of The Supervision To The Elderly Voluntary Guardianship System

The system of guardianship for the elderly in China was first seen in the Law on the Protection of the Rights and Interests of the Elderly,which was amended in 2015.The General Principles of Civil Law,adopted on March 15,2017,clearly stipulates that the system is clarified at the level of the Basic Law of the country,marking the meaning of the elderly in China.The initial establishment of the guardianship system.In recent decades,with the change of the concept of social profit-seeking,the level of social morality has declined to a certain extent,and many cases of guardian infringement of the ward have occurred.In the field of elderly guardianship,the guardian may have no blood relationship with the ward.With the affection of family,the possibility of infringement is higher,and the supervision mechanism under the design of traditional guardianship system can not play its full role.The layout of this paper is arranged as follows:The first part is an introduction and a literature review.This paper mainly introduces the background of the topic and the research significance of the topic.It also introduces and sorts out the existing achievements of the research on the construction of the intentional monitoring and supervision mechanism in domestic academic circles,and further clarifies the research direction and necessity of this paper.The second part is an overview of the relevant theories of the elderly's intentional monitoring and supervision system.It mainly includes the introduction of the definition of intentional monitoring and guardianship supervision,as well as the development of the supervision and supervision system and the classification of the supervision and supervision by the academic community.It focuses on the particularity of the elderly and the status quo of custody abuse.Discuss the need to improve the supervision of the elderly's intentional supervision.The third part is the structure of the elderly's intentional supervision and supervision under the perspective of comparative law.From the perspective of the structure of the intentional supervision and supervision system,it comprehensively and systematically discusses the main body,the starting node,the object of supervision and the subject of supervision of the elderly,and thus displays the world's major countries and regions,including Japan.South Korea,Germany,the United Kingdom,the United States and other characteristics in the construction of the elderly custodial supervision system,while assessing China's current supervision regulations.The fourth part is the problem of the system of monitoring and supervision of the elderly in China.On the basis of the first three parts of this article,we will focus on the problems existing in the current system of supervision and supervision of the elderly in China,based on the comparison with foreign countries,and analyze the problems of the supervisory subj ect and the supervisory obj ect's own power and responsibility.The fifth part is the idea of perfecting the supervision and supervision system for the elderly in China.In view of the problems in the system of custodial supervision and supervision of the elderly in the previous article,the paper constructs a complete pre-supervision,in-process supervision and perfect post-relief relief,and discusses the specific institutional improvement path from the perspective of the supervisory subj ect.