Study On The Adult Voluntary Guardianship System Of China

With the problem of population aging is serious and the updating of the international human rights concept,foreign advanced countries have successively enacted and revised the voluntary guardianship system.The adult voluntary guardianship system is a new system in line with modern human rights sense.It is of great help to solve the problems such as the aging of the society,the loss of the only child in the family for the elderly,and the heavy burden of family custody.In December 2012,the Law on the Protection of the Rights and Interests of the Elderly introduced for the first time the system of voluntary adult guardianship into the current legal norms.Later,the system was formally introduced in the general provisions of civil law and the draft civil code in 2017.Article 33 of the general provisions of civil law stipulates the system of consenting guardianship for adults.The emergence of this new system is in line with the reform trend of the current adult guardianship system in the world.However,only one law has been used to briefly introduce the system,and there are still some problems to be improved,such as the limitation of the scope of guardianship,the practical implementation rules of the supplementary guardianship and the setting of the guardianship supervision mechanism.Countries successively repair method to establish the guardianship system,and by two major legal systems common to accept "respect to self-determination","activate the survival capability" and "normalization" of new ideas,constantly expanding the scope of the applicable people,to strengthen the public power intervention at the same time,the implementation of supervision mechanism,and application to protect the lawful rights and interests of the charges against the infringement,in a different form of legislation system of Anglo-American law system from the last agency,the continental law system with that of the guardianship system is given priority to,by their respective constructed the guardianship system,by which all roads lead to Rome.Among the existing regulations on adult voluntary guardianship in China,there are some problems,such as simple and strict application subjects,incomplete voluntary guardianship contract system,not detailed selection and appointment standards of voluntary guardianship,lack of adult voluntary guardianship supervision system.This paper firstly introduces the concept,nature and development trend of guardianship,and then clarifies the concept of adult voluntary guardianship,compares the system with similar systems such as legal guardianship and bequeathing agreement,so as to summarize its characteristics and make the concept of adult voluntary guardianship system more clearly defined.Then the background of voluntary guardianship system and the development of adult voluntary guardianship system in America,Britain and Japan are introduced.The social background of this system is mainly from the aging of population and the international human rights movement.This paper studies the development course of the voluntary guardianship system in the United States,Britain and Japan,and draws lessons from the reform experience to improve our system of adult compulsory guardianship.The following is to study the status problems of adult voluntary custody system in China.This paper mainly studies the relevant contents of the general provisions of the civil law,and further points out the deficiencies of the provisions of the voluntary guardianship system in China,such as the simple and strict application subjects,the incomplete voluntary guardianship contract system,the insufficiently detailed selection and appointment standards of the voluntary guardianship and without supervisory mechanism.Then the current provisions of the system in China are analyzed to find out the existing problems.Finally,it is the suggestion to perfect the adult voluntary guardianship system in our country.This paper puts forward some Suggestions on the subject and content of the legal relationship.