Study On The Construction Of Voluntary Guardianship System

With the rapid development of the population aging trend on a global scale,the system and concept of adult guardianship have also undergone tremendous changes.In order to comply with this social reality changes,many countries have joined the tide of reform and supervision legislation,China is one of those counties as well.The modern sense of adult guardianship system is based on the succession of Roman law and the relevant provisions,gradually built through a long time of the practice between legislation and judicial.In December 2012,the Law on the Protection of the Rights and Interests of the Elderly,incorporated the adult guardianship system into the adjustment of the existing legislative norms for the first time.General Principles of The Civil Law of The People's Republic of China,Article 33,make the initial provisions of the adult guardianship.However,the act for achieving the goal can not be equated with the target itself.Although our country has taken the first step in building an adult care system,it is still a long way to go to a well-established adult system of adult care.The existing provisions of adult voluntary guardianship is way to general that it does not have the subject,content,or specific provisions of the contract,not to mention the system of adult voluntary guardianship and relevant supporting systems.China's aging speed is even faster than many developed country,and still has great amount of defects in custody legislation.In view of this,China should put building a complete adult voluntary guardianship system on the legislation and reform agenda.The purpose of this paper is to try to construct a system of adult voluntary guardianship system that can adapt to our local environment by drawing on the existing foreign systems of adult voluntary guardianship.This paper is divided into three parts,more detail is as follows:The first part is the necessity of constructing an adult voluntary guardianship system.In this part,the author mainly discover and face up to the existing problems in the existing legislative system to clarify the international trend of human rights legislation to guide the construction of adults to monitor the urgency of the system and the necessity,and analyzed the feasibility with the existing theoretical basis,legal basis and other aspects of the favorable factors.The second part is the core part of the paper.In this part the structural system of our country's adult voluntary guardianship system constructed tentatively.In order to provide a clear and intuition blueprint,the author gives a detailed discussion on the principles,subjects,guardian's rights and obligations,the dynamic movements of the contract and the supervision system of the adult voluntary guardianship.The third part is the construction of the relevant supporting system of the custody system.Foreign experience shows that only with the perfect relevant supporting system can the adult voluntary guardianship system effectively implemented.Therefore,with the reference of mature foreign system results,this chapter added the registration system of custody contract and notarization system to our country's adult voluntary system,and try to construct a systemically perfected adult voluntary guardianship system.