On The Improvement Of The Adult Autonomous Guardianship System In Our Country

With the rapid development of economy and the gradual improvement of medical system,the average life span of human beings has been extended,and the aging of population is becoming more and more serious.Internationally,it is generally considered that a country's population aged 65 or over accounts for more than 7%of the total population or the population aged 60 or over accounts for more than 10%of the total population,which can be defined as the country's entry into an aging society.By 2018,the proportion of the population over 60 is 17.9%,and the proportion of the population over 65 is 11.9%.It is estimated that the aging process in China will reach its peak by 2040,and the data shows that the aging phenomenon in China is becoming more and more serious.At the same time,due to the implementation of the family planning policy in China,now many families are only children,resulting in a large number of families losing only children Women's parents will face the dilemma of no guardianship after their incapacity,which shows that the pressure of guardianship will be more and more in the future.In order to deal with the problem of population aging and conform to the trend of international human rights concept,China has introduced the system of adult independent guardianship with reference to foreign legislative experience.In 2017,the general principles of civil law implemented in China established an independent guardianship system for adults,which stipulates that all persons with full civil capacity can choose guardians according to their own wishes.When they lose their civil capacity,the guardians perform their guardianship duties and fully respect the independent decision-making power of the guardians,making a breakthrough in the legislation of guardianship system in China.In view of the great significance of the adult independent guardianship system in alleviating the guardianship pressure and protecting the rights and interests of the guardians in our country,this paper intends to analyze the operation of the system in practice,find out the shortcomings of the provisions of the system in the legislative level of our country from the perspective of cases,and put forward some practical suggestions for improvement.This paper first introduces the basic overview of adult independent guardianship system.Including its definition,characteristics and discrimination with other relevant systems.The core of guardianship system lies in the determination of guardians.According to the conditions of guardianship,adult guardianship can be divided into legal guardianship and voluntary guardianship.In this paper,adult independent guardianship is a special branch of the voluntary guardianship system.In the first chapter,the relationship between the two will be analyzed,focusing on clarifying the relevant concepts in the adult guardianship system,and building a department Learn a reasonable system framework.Then it compares the adult independent guardianship system with the more mature entrusted guardianship system and legacy support agreement system,and further analyzes the particularity and necessity of the system.Secondly,this paper analyzes the current situation of legislation and practice of this system in our country,focusing on the analysis of judicial practice,focusing on three related cases,finding problems from the cases,and finding out where the legislation of adult independent guardianship system in our country can be improved.Including custody agreement and other substantive provisions are not comprehensive and procedural safeguards blank and other issues.Thirdly,based on the analysis of judicial cases,combined with China's national conditions,and drawing on the advanced legislative experience of foreign countries,this paper puts forward suggestions for the improvement of the adult independent guardianship system in China.First of all,we should establish the independent status of the capacity of will in the general provisions of civil law,take the capacity of will as the principal qualification standard,and further expand the scope of application of the adult independent guardianship system.Secondly,we should improve the specific content of the guardianship system,including the establishment,effectiveness and termination of the guardianship agreement,the rights and responsibilities of the guardians.At the same time,in order to guarantee the performance of the guardianship agreement,protect the interests of the ward,and avoid the conflict between the independent guardianship and the designated guardianship,we should establish a guarantee mechanism of the adult independent guardianship procedure,including the guardianship supervision system and the registration system of the guardianship agreement,so as to ensure the realization of the guardianship will of the ward.