Research On Legal Issues Of Adult Voluntary Guardianship

At present,the phenomenon of aging population has aroused more and more con-cern.On the basis of conforming to the international concept of human rights protec-tion,many countries have gradually improved the legislation of guardianship system to deal with the problems caused by aging.At present,China also has a serious aging problem.The personal and property affairs of the elderly in the future have become so-cial problems that cannot be ignored.Therefore,we should pay more attention to the solution of the aging problem.At present,the result of family planning is that most families only have a child,and the old guardianship is not enough to solve the problem of aging.The general principles of civil law,which was first issued in 2017,has made it is clearly that adult voluntary guardianship can effectively deal with social problems caused by aging to a certain extent.However,the current provisions which adult volun-tary guardianship are too simple,the application is not very well in practicality,there are still some problems of the guardianship subject,contract and supervision must be solved.This paper discusses the adult voluntary guardianship in China through five parts:The first part is the definition of adult voluntary guardianship.From the subject involved in the voluntary guardianship,agreements signed and supervision to explain the meaning of adult voluntary guardianship;The basic connotation of adult voluntary guardianship is further clarified by comparing it with other relevant concepts.The second part elaborates the theoretical basis of adult voluntary guardianship.The basic relationship between adult voluntary guardianship and civil law shows that adult voluntary guardianship is the product of the autonomy of private law,which should be guided by the principle of "respect for self-determination" and under the premise of adhering to the principle of "protection of the weak",the relevant legal sys-tem of adult voluntary guardianship should be constantly improved.The third part analyzes the subject of our adult voluntary guardianship.Based on the new provisions on the scope of guardianship in the general principles of civil law,this paper discusses the subject involved in adult voluntary guardianship,namely guardian and ward.The main qualification of the guardian and the qualification condi-tions of natural person and organization as the guardian are demonstrated from two as-pects of age and behavior ability.The fourth part discusses the establishment of adult voluntary guardianship.The establishment of adult voluntary guardianship is based on the existence of adult volun-tary guardianship contract.Through the analysis of the nature of the adult voluntary guardianship contract,this paper expounds the institution and effectiveness of the adult voluntary guardianship contract.Define the conditions for the establishment of adult voluntary guardianship.It is pointed out that the effective elements of the adult volun-tary guardianship contract cannot be simply applied to the basic contract and the effec-tive elements of the guardianship contract in China can be improved by referring to the legislative provisions of other countries.The fifth part analyzes adult voluntary guardianship supervision.By expounding the necessity of adult voluntary supervision,it is clear that adult voluntary supervision is an indispensable part of voluntary supervision.A dual track supervision mode com-bining supervisors and supervisory organs should be established to make the supervi-sion of guardianship have the power of public deterrence and the flexibility and timeli-ness of private supervision.This paper analyzes the supervision subject of guardianship,clarifies the supervisor and supervision organ,their supervision responsibilities and the role of the supervision subject,so as to further protect the interests of the guardian.