Research On Adult Intentional Guardianship System In China

Before the promulgation of the General Provisions of the Civil Law in 2017,the guardianship system in the civil law of our country was mainly concentrated in the General Provisions of the Civil Law,which mainly included the rules aiming at incapability and limitation of civil capacity,while the guardianship system aiming at adults had not yet been promulgated.Only the Law on the Protection of Rights and Interests of the Elderly,which was promulgated in 2013,contained relevant provisions on the voluntary guardianship of the elderly.At this time,many foreign countries,whether in the United States and the United Kingdom of the common law system or in Japan and Germany of the continental law system,have been improving their systems of voluntary guardianship of adults.As a result,the voice for the establishment and promulgation of voluntary guardianship of adults in China is also increasingly strong.The establishment of adult guardianship system in general provisions of civil law marks a new stage of adult guardianship system in China.China's adult voluntary guardianship system has just been formed,and its provisions are too principled.There are no specific provisions on the nature of voluntary guardianship agreement,specific implementation methods of voluntary guardianship,voluntary guardianship supervision system,etc.Therefore,further improvement of the system is imperative.China can learn from the successful experiences of other countries,strengthen the design in specific nature,implementation methods and guardianship system,and construct a perfect adult voluntary guardianship system.This article summarizes the concept of this system in combination with the provisions of foreign laws on adult voluntary guardianship system,and clarifies this system based on its background of emergence and development and comparison with other systems,so as to fill in the deficiency of overly broad and abstract provisions in China's "General Provisions of Civil Law".At present,compared with the international community,China's adult voluntary guardianship system has the status quo of late start,slow development and lagging concept.Moreover,the adult voluntary guardianship system in our country mainly has some problems,such as lack of specific provisions for voluntary guardianship,confusion of legal attributes,unclear claim for remuneration of guardians,unclear criteria for selection of voluntary guardians,lack of voluntary guardianship supervision system,etc.Therefore,this article compares the relevant legislation of the adult voluntary guardianship system in foreign countries such as the United States of America,Britain of the common law system and Germany and Japan of the continental law system,and thinks that a set of perfect adult voluntary guardianship system should be established as soon as possible.On the basis of clarifying the principle of adult voluntary guardianship system,the applicable rules of adult voluntary guardianship are determined.After analyzing the formal and substantive elements of the legal attribute of adult voluntary guardianship in detail,It will clearly stipulate the guardian's qualification,determine the guardian's compensation claim,and determine the adult voluntary guardianship supervision system with public supervision and private supervision,so that our adult voluntary guardianship system has the initial framework of pre-prevention and time relief before and after double insurance.In line with the current mainstream social concept of human rights,it also embodies the concept of "respect for self-determination" of the parties concerned.