Research On Adult Guardianship Supervision System In China

The purpose of the adult guardianship system is to protect the legitimate interests of the guardian.The aging problem,the problem of nursing care for the disabled,and the acceleration of the pace of social development urgently need to establish a perfect adult guardianship system.How to protect the interests of the guardian or the guardian while respecting the true wishes of the guardian has become a hot research issue.The adult guardianship supervision system is an indispensable key link in the adult guardianship system,and it is especially important in the improvement of legislation and judicial procedures.In 2017,China promulgated the General Principles of the Civil Law,adding an adult guardianship system.In terms of adult guardianship supervision,the provisions of the General Principles of the Civil Law are basically the same as the General Principles of the Civil Law.Although the newly issued General Principles of the Civil Law in 2017 added provisions for the revocation and termination of guardian qualifications and clarified the principle of guardian performance,but adulthood The term of human guardianship and supervision has not yet appeared,and in essence,it is still based mainly on ex post supervision.After-the-fact supervision refers to punishment measures such as negligence or infringement of the guardian's legal rights after the infringement of the guardian's legal rights and interests.However,the supervision has never been pre-established or stipulated until the guardian exercises guardianship duties.The existing system does not clearly define the subject and the duties are unclear.The existing supervision method is single and cannot meet the social development requirements for the adult guardianship system.If the above-mentioned problems need to be resolved,we must carefully review our adult guardianship supervision system.Based on the "best interests,the basic principles,on this basis,the discussion on the choice of legislative style of the adult guardianship supervision system,the subject of guardianship supervision,the supervision method,and the intensity of public power intervention,etc.Within the framework of adult surveillance.This article is divided into five parts.The first part mainly discusses the basic theory of the establishment of the adult guardianship supervision system.Through the analysis of its concept and nature.The second part focuses on the population agingphenomenon and disability.Social issues such as the high number of people and the necessity of establishing an adult guardianship supervision system discuss the legal basis for establishing an adult guardianship supervision system;the third part is based on the actual situation in China to analyze and explain the deficiencies of the current adult guardianship supervision system,such as The subject of supervision is not clear,the contents of supervision are incomplete,and the method of supervision is singular,etc.;The fourth part analyzes the research on the adult guardianship supervision system in the civil law system and the British and American law system through a comparative method.The fifth part is to make constructive suggestions.The improvement of China's adult guardianship supervision system in terms of the choice of legislative style,the definition of the subject of supervision,the selection of supervision methods,and the intensity of public power intervention.