Study On The Adult Voluntary Guardianship System In Our Country

The population of all countries will become aging one after another and the idea of international human rights will prevail throughout the whole world in the middle and later periods of the 20th century.The modern adult guardianship system that Uainly focuses on maintaining trading safety shows the society's few concern on the interest safeguarding of the disabled,which is not conductive for the adult,particularly the elderly with disabilities,to integrate in the society and deviates from the development requirements of international human rights safeguarding.Therefore,many countries in the world start to reform the adult guardianship system successively in order to comply with their actualities.In the tide of law modification that is spectacular and worldwide,China's Civil Law is an exception,which was not modified at all until the revision of Law on Protection of the Rights and Interests of the Elderly that specifies voluntary guardianship system for the elderly the was ratified in 2012.It signalizes China's involvement in adult voluntary guardianship.China's adult voluntary guardianship was formally determined in Article 33 of General Principles of Civil Law of the People 's Republic of China that was implemented since 2017 after it broke through the original guardianship system of the General Provisions of Civil Law by referencing the legislation experience in Article 26 of Law on Protection of the Rights and Interests of the Elderly,making China catch up with the world in the reform of adult guardianship system.China's adult voluntary guardianship system provides legal basis for the new problems in guarding field that are triggered by social reform,introduces the principle of autonomy of contract will into guardianship system to fully respect the true willingness of the guarded and expands the scope of the guarded adults to the maximum.However,the system,which has articles,has a general framework only and can be hardly operable.It has many problems,such as too general rules for guarding subject,lack of the regulations on the contents and validity of guardianship contract,unclear rights and interests of the guardian,etc.in the entity level and lacks of the system for the notarization,registration and supervision of voluntary guardianship in program level.In particular,the unavailable supervision system is a serious hazard for the adult voluntary guardianship system.In consideration of the above,this paper brings forth some suggestions on building China's adult voluntary guardianship by drawing legislation experience of successful adult voluntary guardianship system overseas and based on the proposals on the major issue study since the preparation of China's Civil Code.This paper makes demonstration by focusing on the adult voluntary guardianship and the main body mainly includes three parts:First,the relevant theoretical bases of voluntary guardianship system are introduced in general and the overseas voluntary guardianship systems are studied with comparative approach to draw some enlightenment from them.Second,suggestions on improving the problems in entity level are proposed,the voluntary guardian's selection standard and the rights and obligations are defined and the conditions for the conclusion and validity of the guardianship contract need improving.At last,suggestions on setting up guardianship notarization and registration system are put forward for the supervision system that lacks of voluntary guardianship system and the main contents of supervision system are defined in the complete voluntary guardianship supervision system.