Research On The System Of Intentional Guardianship In China

Finally,the "General Principles of Civil Law" passed on March 15,2017,on the basis of the reform of China's adult guardianship system,added a system of adult-oriented guardianship,taking into account the dual functions of property management and personal care,basically achieving the right The reform requirements of China's adult guardianship system.China's intentional guardianship system can effectively protect the personal and property interests of adults and effectively alleviate the contradictions in an aging society.Compared with the entrustment and trust system,the intentional guardianship system has greater advantages in terms of subject and affairs,and the involvement of public power.However,there are still room for deliberation,discussion and improvement of the provisions of the intentional guardianship system in China.This paper starts with the current legislative situation,analyzes the advantages of the intended guardianship system in the context of the General Principles of Civil Law and the problems that may arise during the operation,and puts forward suggestions for the improvement of the intentional guardianship system in China.The paper is structured as follows:The introduction part mainly introduces the background and research purpose of this paper,discusses the necessity of researching and perfecting the intentional guardianship system,and through the systematic analysis and induction of the research in related fields at home and abroad,the domestic and international research status of the intended guardianship system is obtained.So find the problem,straighten out the research ideas,and find a suitable research method.The first part is an overview of the intended guardianship system in the context of the General Principles of Civil Law,including the concept of the intended guardianship system,the background,its own characteristics and the significance of its establishment.By expounding the relevant concepts of the intended guardianship system,the analysis and comparison of the inconsistencies and inadequacies of the following texts are introduced.The second part is the core content of this paper.It uses the intentional guardianship system to compare with the trust system,the entrustment system and thebequest support agreement,and has a deeper understanding of the rationality of the intentional guardianship system in China.The General Principles of Civil Law has added a system of adult-oriented guardianship,which states the principle that is most beneficial to the ward,and supplements the revocation and termination of guardianship,reflecting the progressive nature and humanistic spirit of this law.The demand for social development has laid a good foundation for perfecting the adult guardianship system and is one of the highlights of the law.The third part expounds three shortcomings of China's current intentional guardianship system,and gives corresponding suggestions for improvement.Based on the actual social situation,this paper puts forward three main improvement measures.First,we must stipulate the procedural requirements of the guardianship agreement.Secondly,we must clearly define the priority and apply the guardianship system.Finally,we must improve the supervision and management mechanism.