The Research About Adult Determined Guardianship Supervision

With the change of the concept of international human rights protection,after reviewing the shortcomings of the traditional guardianship system,countries have changed their guardianship systems.Since the new century,countries have gradually entered an aging society,and elderly people have realistic and urgent needs for legal support.The United Nations Convention on the Rights of Persons with Disabilities calls on States parties to respect their own self-determination of persons with disabilities,to make a paradigm shift from alternative self-determination to assisting self-determination,and to establish appropriate mechanisms to prevent abuse.The adult determined guardianship system with respect to self-determination as the core value has been favored by many countries and has been continuously improved through years of implementation by various countries.Strengthening the intervention of public power to guardianship is the trend of the development of modern adult guardianship system.Establishing a sound system of determined guardianship and supervision is also a general rule of national legislation.Countries with mature guardianship systems have established corresponding supervision and guarantee mechanisms.Perfecting the supervision of the determined guardianship is of great significance in preventing the abuse of agency rights and fulfilling the will of the ward.Article 33 of General Provisions of the Civil Law of the People's Republic of China for the first time clarifies the adult determined guardianship system,which is a major advancement in the field of adult guardianship in China.For the purposes of this article,only simple provisions are made on the subject and form,and there are no procedural safeguards.In addition,in the entire civil law system,there is also a lack of legislation in China,which has incomplete subject,content and measures.The lack of a supervision system for determined guardianship will not be conducive to the promotion and application of the determined guardianship system in China.Therefore,it is necessary for China to improve the relevant provisions of determined guardianship supervision as soon as possible,so as to give full play to the advantages of the system to solve the needs of the elderly care of the large elderly population in China.This paper combines the practical problems existing in the implementation of guardianship in China.Through the comparative analysis of the determined guardianship supervision system of various countries,this paper attempts to propose the design path of the guardianship supervision system in China.Firstly,the paper expounds the basic connotation and value orientation of the determined guardianship supervision system,and demonstrates that the justification of the determined guardianship supervision is to prevent the abuse of agency rights and protect the pre-arrangement of the person.Secondly,it analyzes the legislative status and existing problems of the determined guardianship supervision system in China.As far as China's current adult guardianship supervision system is concerned,there are some problems in the system of revoked guardianship,the responsibilities of guardians are not clear,and the lack of supervision before and during the event,which further emphasizes the necessity of the construction of the determined guardianship supervision system in China.Thirdly,through the comparative study of the supervision system of the United States,Britain,France and Japan,the advantages and disadvantages of the public supervision mode and the private supervision mode are analyzed.It is believed that China needs to establish a dual-track supervision mechanism for private supervisionand public supervision in parallel.The last part puts forward the idea of the system of determined guardianship supervision of the country.On the basis of reference to foreign legislation,combined with China's actual situation,it is proposed that China should improve the relevant content of the determined guardianship system in the civil code marriage and family code.The basic content of the determined guardianship supervision system should include the pre-existing supervision of the registration by the notary organs,the normal supervision of the supervisor on the guardian,and the judicial guarantee of the court.In addition,in order to curb the abuse of agency rights,it is necessary to improve the guidance and accountability mechanism of the determined guardianship rules,and implement the supervision responsibility of the village committee,the neighborhood committee and the civil affairs department.