On The Perfection Of The Supervision System Of Voluntary Guardianship In China

Under the circumstances of increasingly severe global ageing,countries on the basis of fully protect human rights,community autonomy is formed in the region,supervision system is more and more valued by various countries,developed slowly and received little attention,which restricted the development of intentional guardianship system,the perfect intentional guardianship system in foreign countries.The guardianship system defines the subject of supervision,which is the elderly with behavioral ability conduct as the premise.When the guardian has the capacity of will,he can express his will normally and has a good mental state,he can choose the guardian.If he loses the ability to live at a certain time in the future Or when he is mentally abnormal and cannot live independently,the guardianship agreement signed by him becomes effective,and the guardian begins to perform his guardianship duties and obligations.Compared with other countries,there is still a big gap in the current system of intentional guardianship in China,especially in the system and procedure The existing system in China is characterized by late start,slow development,strong principle,less attention and inadequate supervision system,which aggravates and limits the improvement and development of the system At present,although the system is still developing slowly and imperfect,there are still a large number of elderly groups and gays and lesbians are paying close attention.The application of intentional guardianship in the subject has been given new provisions has been expanded from the old people with full civil capacity to the subject applicable to intentional guardianship.The applicable subjects are expanded from the old people.This legal system determines the status of the intentional guardianship system in China’s civil law,and extends its application to adults,including not only the elderly but also the elderly,from the former only the elderly can establish the voluntary guardianship system The establishment and definition of the law on the system of intended guardianship provide a guarantee for the application of the system of intended guardianship in the next step.The civil code has re divided the guardianship system and re granted the rights.It is stipulated in article 33 to Article 36 of the second section of the General improves the legislative guardianship system,but also provides a new way to protect one’s own rights and interests,the subject of guardianship should be included and the supervision responsibility,the supervision mode,and the revocation mode.It further refines the system level,establishes and changes the system as a whole,we should perfect the system of supervision subject,and improve the system of making laws and abolishing guardianship subject,give full protection to the ward’s interests,It provides the way of revocation and guardianship,and provides a new way to improve their own rights and interests.Although our country has established the intentional.they are only provisions at the system level.Such provisions are too principled,and there is no clear explanation for the supervision and relief of guardianship.They only stipulate how to relieve the problems,but they do not follow the procedure To form a complete supervision system from the subject to the supervision does not play a good effect on the next development of the intentional guardianship.Based on the above literature,there are deficiencies in laws and regulations,article analyzes the content and meaning of the supervision value of the intended guardianship and the necessity.First of all,we should clarify the regulatory system,including how to improve the regulatory law,the choice of guardians and the corresponding regulatory responsibilities and responsibilities,the guardianship duties and obligations of the ward,the establishment of the regular.The second level is to clarify the subject of supervision,Finally,the establishment of registration items,supervision items,guardianship items and other aspects of prior review are discussed.The relief and reporting of supervisor’s rights,this paper sorts out the improvement measures of guardianship supervision measures.