Research On The Improvement Of The Intended Guardianship System For The Elderly In My Country

In the past,there were only two types of guardianships in China:the mentally ill and the minors,while for the mentally normal elderly,only the support system.With the advent of the aging society,the elderly,a large group of people,are faced with the problem that their children are not around after the change of family life pattern and their aging behavior is unable to fully exercise the right of autonomy.The elderly are adults,but the elderly are different from the general adults,the elderly have their own particularity,with the growth of age they may have mobility,life can not take care of themselves and mental decline and other problems.Although it is the natural law of human body,it is also a gradual process,which cannot be reduced to the status of "limited civil capacity" or "no civil capacity" stipulated by the current law.Therefore,the traditional guardianship behavior in the past cannot meet the status of today’s aging society.The general principles of the civil law of the People’s Republic of China,revised in 2017,added a voluntary guardianship system for adults,essentially expanding the traditional guardianship to the elderly,which is a new measure to adapt to social development and changes.The voluntary guardianship system reflects the concepts of "respecting my self-detenmination" and "maintaining my normal life".This paper believes that this system protects the elderly who need help and care in the exercise of their rights due to old age or illness and other reasons.The defect of the new system is that the general principles of civil law only provides superficial and general provisions for consented guardianship of adults.In addition to the right to choose a guardian,other provisions are still based on traditional theories,which is very likely to make the system a mere formality and the rights and interests of the elderly are still not guaranteed.The law does not clearly stipulate the form of formation and effectiveness of voluntary guardianship,the selection criteria for voluntary guardianship,the restrictive contents in voluntary guardianship contracts and the supervision of voluntary guardianship.This paper starts with the concept of voluntary guardianship,explains the particularity and difference of other relevant existing systems,such as voluntary guardianship,entrustment guardianship,legacy and support agreement,and explains the necessity of adding voluntary guardianship.Secondly,starting from the current situation of the development of the guardianship by combining outside the implementation status of the elderly by monitoring,from that of the guardianship by subject,form of contract requirements,scope of custody,guardianship contract termination,guardianship supervisory system of concluded the three countries of Britain and the United States,from the aspects such as legislation present situation,for the development of China’s elderly guardianship system by providing theoretical and practical aspects of reference.And then points out that with the method of comparative analysis our country the elderly by the vulnerability of guardianship,proposed consummates our country the elderly by the concept of guardianship system,according to the principle of "most conducive to be guardian" perfect guardianship subject matters and contents of the contract,proposed perfecting supervision mechanism of public power supervision and private force,in order to help the elderly care in the guardianship system can truly benefit.