| China is about to enter an aging society.How to deal with the issue of elderly care has become a major social challenge facing my country.In 2017,our country established an adult appointed guardianship System.Compared with traditional legal guardianship,the adult appointed guardianship System has more advantages.Its transition from full guardianship to partial guardianship reflects a stronger spirit of humanistic care.However,our country’s current intentions The adult appointed guardianship System is not compatible with the guardianship needs of the society.The existing adult appointed guardianship system has general characteristics,that is,the guardianship bears the dual responsibility of property guardianship and personal guardianship at the same time.This not only makes it more difficult for guardianship and supervision,but it is also intended that guardians are more likely to evade guardianship duties,abuse guardianship power,violate guardianship property,and ultimately result in the inability to take good care of the ward.If a system design that attaches property guardianship to personal guardianship is adopted,it will ignore the importance of property to protect the ward’s life in their later years.Therefore,attention should be paid to the property guardianship in the intended guardianship system,and based on the current economic development,effective property management measures and corresponding supervision systems that can guarantee the life of the ward should be introduced.This article first clarifies the relationship between property management and property supervision,expounds the concept of property manager and property custodian,and puts forward the viewpoint that the intended guardianship of property guardianship consists of two parts: property management and property supervision.Then,by introducing the principles and classification of intended guardianship property guardianship,it further explains what the intended guardian property guardianship system is.Secondly,through the introduction of empirical cases,it shows that there are difficulties in selecting and appointing property management entities,unclear authority of property management entities,lack of supervision of the exercise of property rights,and difficulty in accountability after property infringement.Furthermore,on the basis of exploring the extraterritorial legislation of the intended guardianship property guardianship,and finally,in response to the problems of the intended guardianship property guardianship,it is proposed that trust institutions should be introduced as the main body of property management,and the civil affairs department shall be selected to be responsible for supervision,and Perfect measures to strengthen the involvement of the courts. |
