On The Improvement Of My Country's Intended Guardianship System

With the increase of age,people's consciousness is gradually weakening and their mental state is declining.Human society is facing serious problems of population aging,which is reflected in the civil law to protect their interests by guardianship.Civil law boasts autonomy of private law.Naturally,in the guardianship system,the guardian should be allowed to manage his affairs by whom he can choose as his guardian when his ability is insufficient.Intentional guardianship system is the agreement between the guardian and the guardian to leave their property affairs,daily life and medical affairs to the guardian to deal with.When the guardian really loses his will,the guardian chosen begins to perform his guardianship duties.Based on the modern guardianship concept of respecting self-determination and minimum restriction,this system injects fresh blood into the guardianship system.It is different from statutory guardianship system,and can not be replaced by legacy maintenance agreement and testamentary guardianship system.It has its unique foundation for existence.The author combs and draws lessons from the mature intentional guardianship system abroad,and gains rich experience,which plays an indispensable role in refining our intentional guardianship system.This system originated from the United States continuing agency grant law in common law system,and was perfected by the British Intellectual Ability Law in 2005.Finally,it was accepted and matured by Germany and Japan in continental law system.The General Principles of Civil Law introduced and stipulated the intentional guardianship system in 2017,which fills in the absence of the system in our legislation and has made considerable progress,but this provision is still relatively principled,for example,the system of personal appointment in the content of the intentional guardianship contract and the stipulation of guardian's rights and responsibilities are not clear.As for the safeguard procedure of intending guardianship contract,for example,the absence of the provisions of the notarization and registration system of contract,the most important thing is that the system lacks supervision mechanism,which easily leads to the abuse of rights and infringes on the rights of the guardian.Based on the above content,we need to continue to improve the relevant measures of the intentional guardianship system in the classification of the Civil Code,in order to enhance the operability of the intentional guardianship system in China.Specifically speaking,the improvement of our country's intentional guardianship system should be based on restoring its background and necessity and clarifying its true structure.That is to say,the intentional guardianship system should be based on the concretization of the capacity of behavior,with the intentional guardianship contract as the core and the safeguard procedure and supervision mechanism of public power as the framework.If the subject,content and establishment and validity of the intentional guardianship contract should be refined,and the notarization and registration system of the intentional guardianship contract should be added.Finally,in order to prevent the abuse of guardianship rights and act according to my own wishes,the intentional guardianship supervision system should be set up.The theory needs to be transformed into legislation in order to guide practice.Therefore,the design of the above theory must be combined with the actual situation of our country and formulate relevant legislative proposals and reasons in the marriage and family compilation part of the future civil code compilation.Only in this way can the whole intentional guardianship system be established to give full play to its legal significance.