Research On China's Intentional Guardianship And Supervision System

With the aging of society and the promotion of international human rights ideas,the adult guardianship has changed from a complete other governance model to an autonomous model,forming the current intentional guardianship system,which fully reflects the private law autonomy principle and respect for the guardian's right to self-determination.However,due to the particularity of the intended guardianship system,on the one hand,the guardianship affairs have the complexity and concealment,On the other hand,the guardian can negotiate with his close relatives,other individuals or organizations willing to be guardians in advance to determine the candidate of the guardian,which greatly increases the possibility of abuse of guardianship.In addition,the nature of guardianship in public office determines that the establishment of the intended guardianship supervision system is essential.However,from the analysis of the existing legislation,there are still many deficiencies in the provisions of the intended supervision system of guardianship,and it only focuses on the post-recovery of the guardian,and the supervision method is too simple.It can be seen that the existing regulations cannot guarantee the effective implementation of the intended guardianship system.Therefore,it is necessary to further study on China's intentional guardianship supervision system,analyse the current deficiencies,and propose reasonable solutions.Based on this,this article will expand the narrative from four aspects.The first chapter is to sort out and explain the basic theories of the intended supervision system.This chapter firstly clarifies the meaning of the intended guardianship supervision system by studying the connotation of the intended guardianship system,the definition of the intended guardianship supervision system and the legal characteristics of the intended guardianship supervision,and then introduces that the supervisor should exercise the "best interests Principles" and "Minimum Restriction Principle" to supervise,and finally discusses the practical significance of the intentional guardianship supervision system.The second chapter is an analysis of the current situation and shortcomings of the intended supervision and supervision system.The current situation analysis includes the analysis of the legislation status and the justice status.The former refers to the analysis of the relevant provisions of the Older Rights Protection Law and the General Provisions of Civil Law,and the latter refers to the analysis of relevant cases.Based on the analysis of the current status,it is clear that there are still many deficiencies in China's intentional guardianship supervision system,and this deficiency is due to the dual impact of the slow legislative process of the intentional guardianship system and China's traditional family pension model.The third chapter is the research on the supervision methods of the intended guardianship.This chapter is divided into different supervision methods according to the nature of the supervision subject,the function of supervision and the different time stages of supervision.Then explore the advantages and disadvantages of different supervision methods,so as to clarify the most suitable method of monitoring supervision in China.The fourth chapter is the specific suggestions for perfecting the supervision system of guardianship.It is mainly carried out from four aspects.First,the selection of supervisors is clearly defined,including the selection of public and private supervisors.Second,the scope of intended guardianship supervision objects is improved,including the content of guardianship agreement and guardian qualification and the supervision of the guardian's daily guardianship activities,Third,clarify the duties of the guardian supervisor,and divide different supervisory responsibilities according to different supervisory bodies,which can effectively prevent the confusion of duties.Fourth,clearly define the start time and termination of guardianship supervision.