On The Perfection Of The Intentional Guardianship System For Adults In China

In order to respond to the various social problems brought about by the aging of the world population,the legislative reform of the adult guardianship system has become the top priority in the construction of the legal system all over the world,and so is our country.Article 33 of the General principles of Civil Law establishes the intended guardianship system for adults on the basis of Article 26 of the Law on the Protection of the Rights and interests of the elderly.Its system conforms to the international legislative concept and reform trend of adult guardianship system,breaks through the original civil legal guardianship system,and introduces the principle of freedom of agreement into the field of guardianship.The guardian's "right of self-decision" has been fully respected,which is a great progress and innovation in the field of adult guardianship in our country.In spite of this,compared with the adult intentional guardianship system in the United States,Japan,Switzerland and other developed countries,the legislation of the adult intentional guardianship system in China still lags far behind,and it is difficult to meet the needs of the development of the adult intentional guardianship system under the new situation.it does not meet the reform trend of respecting the parties' "right of self-determination" as the core.The provisions of the General principles of Civil Law on the intended guardianship system for adults are too general,and there are some problems,such as insufficient provisions on the requirements for the establishment of agreements,unclear rights and obligations of intended guardians,imperfect guardianship supervision mechanism and so on.Therefore,as a signatory to the United Nations Declaration on the Rights of Persons with Disabilities,China should combine the reality of the development of aging,comply with the current international trend,and synthesize the legislative experience of foreigncountries and the views of domestic scholars.this paper attempts to put forward some suggestions on how to improve the intentional guardianship system of adults in our country.First of all,starting from the supplement of the requirements for the establishment of the intended guardianship agreement,formulate the guiding rules of the content of the agreement,guide the client to sign the intended guardianship agreement and standardize the way of establishing the agreement;secondly,make clear the rights and obligations of the intended guardian,including the guardian's right to resign under legal conditions,the right to claim remuneration,the right to reimburse expenses and the relevant obligations after the termination of the guardianship agreement.Finally,we should improve the path of private guardianship supervision and increase the measures of public guardianship supervision to ensure that the interests of the guardians are supervised in all directions.In this regard,professional,specific,systematic improvement of China's adult intentional guardianship system,in order to achieve the original intention of the creation of the system.