Research On The Supervision System Of Adult Intentional Guardianship

Since the middle of the 20 th century,an increasingly severe population aging trend has swept the globe.The United States,Britain,Japan,South Korea and other countries have successively carried out large-scale reforms of their adult guardianship systems.And "normal life" as the core of the adult guardianship reform trend.Therefore,the reform and improvement of the guardianship supervision system supporting the adult guardianship system has also received increasing attention from various countries.Article 26 of the Law on the Protection of the Rights and Interests of the Elderly,which was implemented in China in 2013,established the intended guardianship system applicable to the elderly for the first time,but did not involve the adult guardianship supervision system.Article 33 of the General Principles of Civil Law promulgated in March 2017 extended the scope of intended guardianship to all adults with full capacity for civil conduct,marking the formal establishment of the intentional guardianship system for adults in China.However,the General Principles of Civil Law and the relevant regulations on adult supervision and supervision are still in the post-mortem supervision stage.A systematic system of intentional supervision and supervision has not been formed,and the effect of supervision cannot be achieved in practice.With the intensification of the aging trend in our country,more and more applicators of the intended monitoring system are being applied,and the practice of middle-aged and elderly groups for the monitoring of planned monitoring is increasingly urgent.Based on three notarization cases of intended guardianship,the author raises the issue of the current intended guardianship supervision system.Next,the concept,classification,current status of legislation and judicial practice of the intended supervision system in China are introduced.It is considered that the establishment of a dual-track supervision mechanism of public supervision and private supervision is suitable for the current situation in China.Inadequate exploration of practical exploration,the supervision of private supervisors is difficult to generally improve the difficulties of intended monitoring.Under this situation,the author puts forward the specific ideas of improving China's intended guardianship supervision system: First,the civil affairs department will be used as the public supervision institution of the intended guardianship supervision to be responsible for the qualifications of the client,guardian,and supervisor in charge of the notary office in current practice.Review,establish a nationwide intended guardianship information registration platform,launch a review of intended guardianship,select a private supervisor,issue a certificate of guardian qualification,etc.,and allow and encourage the client to set up a private supervisor who chooses guardianship when intended guardianship;Determine the rights and responsibilities of the subject of custody supervision,and improve the specific supervision measures to achieve the division of labor between public supervision agencies and private supervisors to jointly complete the pre-,inand post-supervision of intended custody,prevent and reduce the abuse of custody rights,The purpose of passive guardianship cases.This article is divided into five parts:The first part,through three real notary cases of intentional guardianship in practice after the implementation of the intentional guardianship system in our country,elaborates the practical exploration process of intentional guardianship and the supervision of the intentional guardianship from scratch,from coarse to fine,Cause problems.The second part analyzes the historical origin and nature of guardianship and supervision,and introduces the concept definition and classification of adult supervision.According to the nature of the subject of supervision,the author divides the supervision of supervision into three categories: public supervision,private supervision and dual-track supervision.The third part expounds the necessity of studying the adult supervision system in China from three aspects.The first is to monitor the actual needs of the intended guardian to fulfill the guardianship agreement,to achieve the actual needs of the intended guardian's guardianship;the second is to seek the balance of private law autonomy and public power intervention to protect the personal and property rights of vulnerable groups;The lack of guardianship supervision system is an inevitable requirement for improving the intended guardianship system.The fourth part analyzes the legislative and judicial status of the adult guardianship system in China,and points out the problems.At present,there are three judicial practice statuses of the notary office serving as the intended guardian supervisor,the community serving as the intended guardian supervisor,and the client's self-selected supervisor;by evaluating the legislation and judicial status,the author believes that China's existing public supervision institutions The dual-track supervision model combined with private supervisors is in line with China's national conditions,but there are still some shortcomings such as the unclear definition of the supervision body,the unclear responsibilities of the supervision body,and the single supervision measures.The fifth part is to put forward suggestions to improve the legislation in view of the deficiency of the intended supervision system.The first is to clearly define the civil affairs department as the public supervision agency and the private supervisor as the subject of the intended supervision and supervision;the second is to establish the authority system of the intended supervision and supervision subject;the third is to establish an information registration system and review and file for major guardianship matters System,regular performance reporting system,and complaint reporting system to improve the specific supervision measures intended to monitor the supervision system.