Research On The System Of Intentional Guardianship In China

With the rapid development of the global population aging trend,the degree of population aging in my country is also deepening.At the same time,changes in family structure,the increase in the number of elderly people living alone,the number of elderly people who have lost their only one,and the change in people’s concept of elderly care have resulted in a large number of guardianship needs.With the continuous deepening of the concept,the traditional guardianship system can no longer meet the current guardianship needs.In order to adapt to the changes in the development of the times,countries have reformed the adult guardianship system one after another,and successively established the voluntary guardianship system.In 2012,my country first established the guardianship system of consent in the Law on the Protection of the Rights and Interests of the Elderly,but the scope of application is too narrow and only applicable to the elderly.In 2017,the General Provisions of the Civil Law（now the Civil Code）officially established the adult The will-determined guardianship system has become a new type of guardianship in my country.However,due to the late establishment of the voluntary guardianship system in my country,the Law on the Protection of the Rights and Interests of the Elderly and the Civil Code only provide general provisions for the voluntary guardianship system,focusing on the scope and qualifications of the subject of voluntary guardianship,and the validity of the voluntary guardianship agreement.There are no detailed and specific regulations on the establishment and entry into force and the supervision of will-determination guardianship,which will inevitably lead to a series of problems in practice,hindering the smooth operation of the will-determination guardianship system.In view of this,our country should improve the voluntary guardianship system as soon as possible to ensure that it can give full play to its institutional value in practice.Combining the problems in our country’s practice and the legislative reference of the willful guardianship system in foreign countries,this paper attempts to put forward some suggestions for improving the willful guardianship system in our country.This paper is divided into the following five parts.The first part of the article is the basic theory of the willful guardianship system in our country.It mainly expounds the concept and characteristics of the willful guardianship system,the comparison between the willful guardianship and the legal guardianship,the bequest and maintenance agreement and other related concepts,as well as the value concept of the willful guardianship system.The second part is the legislative status of my country’s willful guardianship system.It mainly introduces the provisions on the willful guardianship system in the "Law on the Protection of the Rights and Interests of the Elderly" and the "Civil Code".The problems existing in the legislation and judicial practice of voluntary guardianship system.The third part introduces in detail the problems existing in my country’s voluntary guardianship system,mainly including unclear regulations on guardian’s rights,too narrow scope of wards,lack of procedural guarantees for establishment of voluntary guardianship agreement,unclear effective time,and lack of supervision system..The fourth part mainly introduces the legal provisions of the voluntary guardianship system in common law countries and civil law countries.By comparing and analyzing the advantages and disadvantages of specific legal provisions in various countries,it summarizes the enlightenment for my country’s voluntary guardianship system,mainly including voluntary guardianship system.References to guardianship agreements and guardianship systems.The article concludes with suggestions for the improvement of the guardianship system in our country,expanding the scope of the ward on the subject of guardianship,requiring notarization as a procedural guarantee in the form of the guardianship agreement,and adopting a supervision model combining public power and private rights in supervision.