Research On The System Of Intended Guardianship In China

As a legal system,intended guardianship,which is different from statutory guardianship,can fully protect the basic human rights of people who have lost or partially lost the capacity for civil conduct.China’s intended guardianship system originated from the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly in 2013,which only stipulates the guardianship of the elderly,but does not stipulate the guardianship of other adults.It was only in2017 that the General Principles of the Civil Law of the People’s Republic of China extended the application of willful guardianship to all adults with full civil capacity.The Civil Code of the People’s Republic of China promulgated in 2020 continues the system of intended guardianship.However,from the perspective of legislation and practice,there are some problems in the legal provisions of intended guardianship,such as the imperfect selection,duties and rights of the guardian,the imperfect content of the intended guardianship agreement,the unclear criteria for judging the capacity of conduct of the ward,and the failure to stipulate the corresponding supervision procedures.This leads to the adverse consequences that the rights and interests of the ward cannot be fully protected,the true will of the ward cannot be fully expressed and the application rate of intended guardianship is low.This article through to the guardianship system by connotation,theoretical basis and function as well as the rules of law explains,according to the actual situation of our country present the meaning of guardianship system of our country legal analysis,and the outside legal regulations on the guardianship system by comparison research,especially the adult guardianship system of the civil law countries and common law countries the sustainability of the agency grant system,Finally,combining with the current situation of legislation,judicial practice,foreign legal provisions and experience,relevant measures are put forward to improve the intended guardianship system in China.