Research On The Construction Of Adult Guardianship And Supervision System In My Country

The purpose of modern adult guardianship has shifted from protecting the interests of family property to protecting the interests of guardians.The characteristic of duty and altruism makes supervision of guardianship necessary.Establishing the supervision system of adult guardianship has become the trend of modern guardianship legislation.The supervision system of adult guardianship is aimed at the necessary public power intervention,through the supervision of the selection of the guardians,the supervision and restriction of the guardianship behavior to ensure the appropriate person to act as the guardian,to promote the guardians to perform his duties according to law,to prevent the abuse of guardianship,and to achieve the maximum protection of the guardians.At present,the supervision system of adult guardianship in China is weak or even blank in both legislation and theoretical research.The systematic supervision system of adult guardianship has not been established.But in judicial practice,there are many incidents such as lack of guardian,guardians did not fulfil their duties or infringed upon the lawful rights and interests of his ward..Therefore,the establishment of the supervision system of adult guardianship is imminent.The author combines the latest research results of domestic scholars and base on foreign advanced legislation and judicial experience,puts forward some specific opinions on the construction of the supervision system of adult guardianship in China.In addition to the introduction and conclusion,the main content of this article is as follows:The first chapter is about the necessity and path of constructing the supervision system of adult guardianship in China.Because the current adult guardianship system has not run well and there are many defects in the legislation of guardianship supervision in China.Besides,the trend of socialization of modern adult guardianship is obvious,the professional guardianship will rise gradually,the new requirements for the supervision legislation of our country are put forward.Therefore,it is necessary to build the supervision system of adult guardianship.In addition,the construction path of the supervision system of adult guardianship in China is briefly designed,including the legislative guiding principles and the basic framework of the system,which paves the way for the specific design of the following system.The second chapter is about the choice of supervision mode of adult guardianship in China.First,the advantages and disadvantages of three different modes of adult supervision are introduced and analyzed.In view of the different characteristics of the guardianship of relatives and friends and the professional guardianship,it is proposed that our country should adopt the dual track supervision mode in the guardianship of relatives and friends,and take the mode of public power supervision in the professional guardianship.The third chapter is about the determination of implementation supervisors of adult guardianship and their rights and responsibilities.In order to achieve the maximum protection of the guardians,the superviser of guardianship should be set up in every case of the guardianship of the relatives and friends,and the superviser are generally held by the relatives of wards,and when no relatives can serve as superviser,residents or villagers committee shall be the supervisor.It is advocated that the departments of civil affairs and the court jointly act as supervision organs,but only distinguish their responsibilities.Besides,this chapter also makes a detailed analysis of the rights and responsibilities of the superviser of guardianship and the court.The departments of civil affairs is responsible for the important supervision responsibilities,and its responsibilities need corresponding supervision measures to assist.Therefore,the fourth chapter is discussed in detail.The fourth chapter is about the establishment of supervisory measuresadult of guardianship in China.It includes establishing registration mechanism of adult guardianship,reporting review and visiting mechanism,qualification authentication mechanism for professional guardians and the education and training mechanism for the guardians of relatives and friends.