The Research About Adult Determined Guardianship Supervision

In recent years,the aging phenomenon in our country has become increasingly serious.A large number of the elderly and the disabilities are together constitute the extensive user of the adult determined guardianship system in our country.The adult determined guardianship system is needed by more and more people.However,our country’s adult determined guardianship system is still in its infancy stage,and there are many shortcomings.The most prominent problem of the adult determined guardianship system is that its supervision system is imperfect.The existing adult determined guardianship supervision is just a post-event assignment of responsibilities and it can’t protect the wards.The existing adult determined guardianship supervision is difficult to realize the original intention of adult determined guardianship.On the other hand,many countries have improved their adult determined guardianship systems in accordance with the changes in international human rights protection concepts such as the United Kingdom,the United States and Japan.They established relatively mature adult determined guardianship supervision systems.The Civil Code establishes the adult determined guardianship system,it is necessary for our country to improve the adult determined guardianship supervision system as soon as possible,which can make the adult determined guardianship system more operable and protect the ward’s safety rights and interests effectively.On the basis of basic principles of adult determined guardianship,by analyzing the experience of the adult intentional guardianship supervision system in the United States,Britain and Japan,this article aiming the problems of our country’s adult determined guardianship supervision,which is existing in the legislation and practice,tries to put forward supervisions which can perfect adult determined guardianship.This article is divided into four parts,the specific content is as follows:The first part expounds the basic connotation of adult determined guardianship and advantages of adult determined guardianship and the basic connotation of adult determined guardianship supervision and the necessity of adult determined guardianship supervision,and introduces three modes of adult determined guardianship supervision.The second part discusses the current legislation and practice status of our country’s adult determined guardianship supervision system,and proposes three problems in the legislation of adult determined guardianship supervision system,which are lack of prior supervision mechanism,the subject of adult determined guardianship supervision setting is unreasonable and the rights and responsibilities of adult determined guardianship supervision subject are vague.In practice,there exist problems in our country’s adult determined guardianship supervision system such as notary organization is short of sustaining cognition ability and information between the court system and the notary system is not interrelated.The third part studies the adult determined guardianship supervision systems of the United States,the United Kingdom,and Japan.Analyzes the models of adult determined guardianship supervision in the three countries and analyzes the specific content of the regulations,which can be used for reference to improve our country’s adult determined guardianship supervision.The fourth part explores the way to perfect our country’s adult determined guardianship supervision system,and combined with our country’s national conditions and the actual operation of the rule of law,proposes the basic principles of our country’s adult determined guardianship supervision and the model of our country’s adult determined guardianship supervision which is based on reference to foreign legislation.This part also proposes the specific content of perfecting our country’s adult determined guardianship supervision system.This article argues that our country should adopt the dual-track guardianship supervision model,and construct an adult determined guardianship supervision system in which the rights and responsibilities of each supervisory subject are clear,the division of responsibilities is divided,the coordination is carried out,and the whole process of adult intentional supervision is supervised,so as to achieve effective supervision.