Research On The Construction Of Adult Voluntary Guardianship Registration System

The voluntary guardianship system stipulated in the civil code emphasizes the respect for the rights.Citizens determine guardians by signing a written voluntary guardianship agreement,but the exercise of rights must have a certain limit,and the registration authority can supervise the behavior of guardians for voluntary guardianship registration.At present,in China’s legislation,the registration system of adult voluntary guardianship is in a legal blank,and the registration of voluntary guardianship can protect my rights and interests and avoid the abuse of guardianship;Realize publicity and public trust;To ensure the safety of transactions,China’s law should provide for the registration system of adult voluntary guardianship.Overseas countries（regions） have provisions on the registration system of adult voluntary guardianship.It is stipulated that the notarization of the contract shall be carried out by the legal guardianship office in Taiwan region,and then the notarization shall be carried out by the legal guardianship office at will.Different from the legal provisions of Japan and China’s Taiwan,it is determined that guardianship needs to be registered by the registration authority.German legislation stipulates that there is no compulsory registration for advance care,and the registration center of the federal Notary Association is responsible for the registration of advance care.Intended guardianship registration means that the registration authority registers the person,guardian and scope of agency according to the application of the applicant.After registering the intended guardianship,the registration authority can confirm the legal identity of the guardian,and the qualification of the guardian is generally recognized.According to the actual situation of our country,the court is the qualified subject of voluntary guardianship registration.After both parties sign the intended guardianship agreement or the notary organ notarizes the agreement,I,the guardian or the notary organ apply to the court for registration of the intended guardianship,and the court will record the relevant information in the national unified registration system after reviewing and confirming the relevant contents;When the conditions attached to the intended guardianship agreement come into force,if the notary organ notarizes the intended guardianship agreement,the guardian or other interested parties shall submit an application to the notary organ for starting guardianship,and the notary organ shall submit the application to the guardianship registration authority after preliminary examination;If the guardianship agreement is not notarized,the guardian,the ward with partial capacity or other interested parties shall directly apply to the registration authority for starting guardianship.After carefully examining the medical certificate or judgment document proving the lack of ability,the court shall confirm the effectiveness of guardianship and issue the guardian qualification certificate.At the same time,the above information shall be registered on the unified system.It is determined that guardianship registration will have the effect against bona fide third parties.