Research On The Preventive Supervision System Of Voluntary Guardianship

Article 33 of the Civil Code outlines the general outline of the voluntary guardianship system,and the supervision of guardianship,which is an inherent requirement of the voluntary guardianship system,is even thinner.The Explanation of the General Provisions of the Civil Code specifies that the voluntary guardianship can be subject to the supervision of guardianship under Article 36 of the Civil Code,but the supervision system of revocation of guardianship under this Article is only post-facto relief supervision.However,the supervision system of revocation of guardianship in this article is only post-event relief supervision,and there is no preventive supervision in advance and in the middle of the process.The voluntary guardianship breaks through the restrictions of legal guardianship order and guardianship qualification,which on the one hand fully reflects the civil law concept of meaningful autonomy,and on the other hand leads to a higher risk for the ward,and coupled with the long-term and secretive nature of the guardianship relationship,it becomes difficult to effectively prevent,timely detect and timely stop the guardian’s improper guardianship behavior.The lack of a perfect monitoring mechanism for the voluntary guardianship system makes many potential users hesitant to use the system,and the voluntary guardianship system has not yet been effective.Therefore,it is necessary to explore the special characteristics of the voluntary guardianship,clarify the supervision subject and content,and build a timely and effective preventive supervision system.The first part of the paper discusses the necessity of preventive supervision about guardianship,summarizes the domestic and other country research results.The second discusses the problems of unclear subjects,imperfect contents and lack of implementation of supervision methods in legislation and practice of voluntary guardianship supervision.In the third part,from the dual attributes of entrustment and guardianship of the voluntary guardianship system,it is proposed that the principle of proportionality should be followed in the construction process of guardianship supervision to balance the dual values of meaningful autonomy and protection of the ward.The fourth part analyzes the legitimacy and advantages of the participation of different subjects in the supervision of voluntary guardianship,and discusses the necessity of the intervention of public authorities in the supervision of guardianship from the perspective of the way the supervision subjects are created.The fifth part improves the supervision objects from the viewpoint of better protection of the ward,and includes the qualification,the content of the agreement,its entry into force,the scope of the guardian’s performance and the way of performance into the supervision contents.The sixth part constructs a reasonable supervision method,and forms a situation where private supervision and public supervision are given equal importance in the prior and intermediate stages,private supervision is composed of close relatives,guardianship supervisors,agreement witnesses,and other close people as a diversified supervision mechanism,and public supervision is led by the civil affairs department,supplemented by the two committees and notary public.The civil affairs department establishes a registration management system and adopts measures of classification management and regular follow-up for supervision;the notary public conducts content of the agreement beforehand;the two committees conduct daily supervision and correction of guardians’ behavior during the incident,supplementing public supervision and eventually forming a more complete preventive supervision system.