Research On The Intentional Guardianship System In China

With the development of economy and society,my country has entered a stage of rapid aging,and how to better protect the rights and interests of the elderly has become a major problem.Articles 33 to 35 of the "Civil Code of the People’s Republic of China" have innovatively stipulated the guardianship system,which reflects the change in the concept of guardianship and has great progressive significance at the legislative level.The introduction of this system conforms to the social status quo,changes the traditional family pension model,and relieves the family and society pension pressure.At the same time,the human rights concept of respecting the parties’ right to self-determination and autonomy of will contained in it is conducive to promoting the progress and development of the guardianship system.However,compared with other countries,my country’s voluntary guardianship system appeared late and developed immaturely,and the system has shortcomings.For example,the intentional guardianship agreement lacks detailed regulations,the level of guardianship is single,the lack of supporting procedural guarantees,and the lack of guardianship supervision,etc.,resulting in a low rate of application of this system,insufficient guidance for practice,and inability to effectively deal with problems in practice.Therefore,supplementing and improving the relevant legal provisions of the guardianship system and making up for the deficiencies in this system can better reflect its social significance and value of the times.Overall,this article is divided into the following sections:The first part first introduces the concept of will-determined guardianship system,and clarifies its connotation through further analysis.At the same time,it compares voluntary guardianship with legal guardianship,entrusted guardianship and bequest support agreement,explores its theoretical basis of respecting the right of self-determination and autonomy of will,and establishes the principle of fulfilling guardianship duties.The second part introduces the relevant content of the voluntary guardianship system legislation in common law countries and civil law countries,and discusses the characteristics and interrelationships of the voluntary guardianship systems in the United States,Britain,Germany and Japan.Therefore,it is necessary to further study which advanced legislative experience can play a role in the construction of my country’s will-determined guardianship system.The third part points out what should be improved by analyzing the existing voluntary guardianship system in our country.First,the willed guardianship agreement is imperfect,and only provides principles.Second,the level of intended guardianship is single,and the scope of application of the system is narrow.Third,there is a lack of supporting procedures such as notarization and registration to ensure its implementation.Fourth,the lack of a supporting supervision system can easily lead to abuse of rights.The last part puts forward suggestions to improve our country’s will-determined guardianship system.First of all,it is necessary to improve the willed guardianship agreement,and refine the provisions of the willed guardianship agreement from the aspects of standardizing the form of the agreement,clarifying the content of the agreement,and improving the subject qualification requirements of the agreement;secondly,constructing a multi-level willed guardianship agreement system to meet the guardianship needs of different subjects;introduce notarization system and registration system,strengthen supporting guarantees in terms of procedures,and increase the operability of the determined guardianship system in practice;finally adopt a supervision mechanism that combines public power supervision and private supervision to clarify Supervising duties and protecting the personal rights and property rights of supervisors.