On The Construction Of The Elderly Voluntary Guardianship System In China

Since the middle of the twentieth century,in response to the social reality of the aging population,and the concept of international human rights enjoys popular support,many countries and regions in the world have successively made large-scale changes in the adult guardianship system,such as abolishing interdiction announcement system,expanding the application scope of adult guardian system,taking a variety of guardianship measures and creating voluntary guardian system.China's current elderly guardian system is mainly in< Elderly Rights and Interests Protection Act>.Although <General Rule of Civil Law(Draft)(the Third Draft)> has expanded the scope of application of statutory adult guardianship and created voluntary guardian system,it had no specific provision for the elderly voluntary guardian system and did not provide specific implementation methods of the elderly voluntary guardian system,but also lack of protection of the elderly voluntary guardian supervision mechanism.This article learns from the foreign typical countries' provisions about the elderly voluntary guardian system,putting forward some suggestions for the construction of the elderly voluntary guardian system in our country.Besides the preface,the text consists of three parts: The first part clarifies the concept of guardianship,voluntary guardian and elderly voluntary guardian system and the relationship between the elderly guardianship system and the deprivation or restriction of the capacity for conduct,comparing the differences between the elderly guardianship system and other similar systems.Then it reviews the current situation of the elderly guardianship system in China.The second part compares elderly voluntary guardian system in Germany,America,The United Kingdom and Japan.The third part raises suggestion to construct the elderly voluntary guardian system.The voluntary guardianship system consists of two parts,one is voluntary guardianship contract,and the other is voluntary guardianship supervision,so the author mainly discusses the construction of the elderly voluntary guardian system from the two aspects.The main body of the contract includes the elderly and the guardian of the guard t,including the elderly themselves and the voluntary guardian,the scope of the voluntary guardian is not limited to the elderly relatives,the elderly can freely choose anyone or organization that they trust as their guardian.To ensure the safety of the transaction,the contract needs to be registered,and the contract does not take effect immediately after conclusion of contract.When the court elects the custodian of voluntary guardian the contract will take effect.In addition,elderly voluntary guardian supervision mechanism is necessary.