Research On Intended Guardianship System For Adults

China’s adult guardianship system expands the scope of application of the subject to all persons with full civil capacity who are willing to design their future guardianship life,and its establishment also enables other adult groups other than the elderly to have institutional support for the voluntary guardianship needs arising from various reasons,and the diversified development of guardianship needs in practice is also constantly promoting relevant departments and organizations to actively explore the field of adult intentional guardianship.However,the system is still in the early stages of operation in China at this stage,and although it has made progress in terms of age range and form of establishment,the provisions of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")and relevant judicial interpretations on the qualifications of its trustees,rules for establishment and initiation,and supervision mechanisms are still too principled,and the implementation rules of the system are not supplemented,and lack operability.In order for this new guardianship system to play its due role,it must be refined and improved in a targeted manner.In addition to the introduction,it is divided into the following four parts:The first part is to elaborate the relevant theories of intentional guardianship,including the definition of the concept of intentional guardianship,the nature of intentional guardianship agreements,and the introduction of the basic concepts of intentional guardianship,which lays the foundation for subsequent research and discussion.The second part is to sort out the relevant legal norms and implementation of China’s adult guardianship system,which is mainly based on the legislative concept of intentional guardianship and Articles 33 and 36 of the Civil Code and Article 11 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Provisions Part(hereinafter referred to as the "General Provisions Judicial Interpretation"),and the practical level is mainly based on notarization cases,judicial precedents and typical cases of intentional guardianship agreements.From a dual perspective,a three-dimensional understanding of the current state of China’s intentional guardianship system is formed,and the focus issues that have been exposed are analyzed.The third part examines the adult voluntary guardianship systems of four representative countries,the United States,the United Kingdom,Germany and Japan,analyzes their advantages and problems,and selectively draws on concepts and norms suitable for China’s development needs based on China’s basic national conditions.In view of the problems mentioned above,the fourth part puts forward specific ideas and measures to solve the problems in combination with the actual situation in China and the advantages and disadvantages of the voluntary guardianship system of foreign countries,including improving the relevant norms of the entrusted entity,adding guardianship agreement establishment guarantee procedures,clarifying the rules for initiating intentional guardianship,and improving the voluntary guardianship supervision mechanism at different levels to overcome the limitations of general guardianship supervision rules.