The Improvement Of Adult Voluntary Guardianship System

The original form of the guardianship system was anti-maternity system of ancient Roman,which mainly protected private property and did not involve personal aspects.However,under the development of the global population aging,the concepts of maintaining normal life and respecting one's self-determination are deeply rooted in people's hearts,coupled with the emergence of international human rights protection idea,the traditional adult guardianship system is no longer adapted to social needs.Therefore,many countries have begun to innovation the adult tutelage system,and have established adult adult guardianship systems.China's aging population is getting worse.The legislative concept of the traditional adult guardianship system is backward and it is difficult to cope with the new situation and changes.China's“Elderly Rights Protection Law”established the adult's intended guardianship system for the first time,but the applicable object is too narrow and limited to the elderly.Subsequently,the“General Rules of Civil Law”on this basis,in the form of the Civil Basic Law,provided for the intended guardianship system for adults.Subject extends to all adults with full capacity,fully embodying the concept of respect for party autonomy and conforming to international development trends.However,the provision is too general and lacks corresponding supporting measures,which leads to the system to apply difficulty in practice.However,the system has great application requirements,so it is urgent to improve this system in China.These two laws only stipulate the principle of the system,and there is no specific system to connect with it.As a result,this makes it difficult to apply in practice.,and the relevant legislation needs to be passed to the system.To the purpose of the intended guardianship system was realized..The article has four parts: The first part analyzes the adult's intentional guardianship system,which mainly includes the meaning,characteristics and values of the system,and compared with related systems to highlight the unique of the system.The second part analyzes the current situation of the adult guardianship system in China from the perspective of legislation and justice,and pointed out its faults,such as the lack of detailed guardianship contracts,Lack of procedural security and supervision system.The second part is an analysis of the legislation and judicial status of the adult's intended guardianship system in China,and summarizes its shortcomings,such as the lack ofdetailed guardianship contracts,lack of procedural guarantees and supervision mechanisms.The third part analyzes the intentional guardianship system of foreign countries,including the America,the United Kingdom,Japan,Germany,and Switzerland.I hope to enlighten us.The fourth part is the suggestions for perfecting China's intended guardianship system.Giving my own suggestions in the system,basic principles and the details of the system.I hope this system can be further improved and can solve problems in guardianship more effectively.