Research On The Supervision Of The Adult-Intended Guardianship Under The Background Of Aging

The development of the concept of human rights has made important changes in the concept that the guardianship should follow.Countries have reformed their guardianship systems.Therefore,the adult-intended guardianship system has come into being.Each country has established a corresponding supervision system based on its actual situation.The tide of the guardianship system's reform has also promoted the change of the China's guardianship system.The adult-intended guardianship take root in China.It began in Article 26 of the 2012 Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly.Its status is formally recognized in Article 33 of General Provisions of the Civil Law of the People's Republic of China.The abuse of guardianship by the legal guardian to infringe the rights of the ward is still visible everywhere.As the adult guardianship system breaks away from the fetters of family scope,although it respects the ward's will to a large extent,the risks can't be ignored.The mechanism of our country's accountability after the fact system for improper guardianship has been unable to meet the development needs of the adult-intended guardianship system.It's urgent to accelerate the establishment of the adult-intended guardianship supervision system in our country.Therefore,this article bases on China's legal tradition and social concepts,using comparative and logical analysis to explore the adult-intended guardianship supervision system.It combines with the pace of Civil Code of the People's Republic of China,attempts to quest the adult-intended guardianship supervision system that conform with Chinese national conditions.In addition to the introduction and conclusion,the article is divided into four parts.The first part of the article explores the basic theories of the adult-intended guardianship supervision system.This section clarifies theconcept and characteristics of the adult-intended guardianship system,explores the connotation of the adult-intended guardianship supervision system,clears the supervision system should follow the principles about minimal intervention,best interests,timely supervision and supervising localization.It also elaborates that the establishment of the adult-intended guardianship supervision system will help to achieve the balance between the autonomy of private law and the intervention of public rights,meet the requirements of substantive justice,and accord the value of the law's benefit.Thus,it lays the foundation for further research in this article.The second part analyzes the problems existing in the adult-intended guardianship supervision system of China.This section starts with the inadequacy of the post-responsibility mechanism of guardianship in our country,and explains the three major problems in China's guardianship supervision: the lack of clear supervision bodies,the scarcity of full-process supervision,and unclear responsibilities of the supervisory bodies.The current accountability mechanism can't satisfy the need of development of the adult-intended guardianship system.It also shows the urgency of constructing an adult-intended guardianship supervision system.The third part draws on the experience of foreign adult-intended guardianship supervision system.Aiming at resolve the three problems in our country,this section adopts the research method of comparative,introduces the supervision measures of major countries in the Civil Law System and the Common Law System in order to carry on comparative research,knows the advantage and disadvantage of each mode.Thus,it can provide useful ideas to establish our country's supervision system.The fourth part of the article explores the perfect path of the adult-intended guardianship supervision system in our country.By combing the foregoing context and combining with the actual operation of the rule of law in our country,this section specifically explains how to improve our country's adult-intended guardianship supervision system in order to give full play to the function of it.This paper believes that it is necessary to learn from the useful experience of foreign countries.Thus,our country should build a adult-intended guardianship supervision system that the responsibility is decided and cooperated in multiple supervisory bodies,the entire process of adult-intended guardianship system are supervised,and the monitoring bodies' rights and obligations are clarified,so as to achieve effective supervision.