Study On The Problem Of Adult Supervision System In China

With the rapid development of the world population,the trend of "aging population" is becoming more and more prominent.Not only has the adult guardianship system changed greatly,but also the concept of guardianship has changed a lot.In order to comply with the progress of the times,joining the tide of guardianship legislation reform has become the most important part of the legal system construction in various countries,and so is our country.In the modern sense,the adult guardianship system is gradually formed on the basis of the effective inheritance of Roman law and a number of related provisions in various countries,in addition to the long mutual influence and interaction between legislation and judicial practice.In the Law on the Protection of the Rights and interests of the elderly,the concept of the system of guardianship for the elderly is written into the scope of adjustment of the current legislative norms for the first time.In 2017,the latest "General principles of Civil Law of the people's Republic of China"(hereinafter referred to as the General provisions of Civil Law)Article 33 Then "the elderly rights and interests protection law" in the elderly determined guardianship system of the application of the object of expansion for adults.Although China has made great progress in the construction of adult Italian guardianship system,compared with other legal systems,there is still a large gap between the perfection and systematic construction of adult Italian guardianship system.In the newly promulgated General principles of Civil Law in China,although a new definition of the system of compulsory guardianship has been made,the provisions are too general.There are no specific provisions on the subject and content of adult voluntary guardianship,as well as on the contract of Italian guardianship,which is the core of the supervision system of Italian guardianship.Not to mention the adult Italian guardianship supervision system and adult Italian guardianship system closely related to a series of supporting systems.China's aging population is serious,its seriousness is even worse than some developed countries.In the guardianship legislation,there are still large deficiencies.On the basis of comparison and reference,combining with the adult self-determined guardianship system in the countries of civil law system and common law system,and the scholars' innovative views,the author holds that respecting the right of self-determination should be regarded as the legislative idea of the adult self-determined guardianship system,and the system of self-determined guardianship should be systematized guided by this idea.This thought conforms to the actual needs of our country at the present stage,which is conducive to the development and construction of the rule of law in our country,that is,to design a special adult self-determined guardianship contract on the basis of general commission contract,at the same time,the validity and termination of the contract does not need to break through the regulation of the contract law of our country,but it should set strict procedures and necessary restrictions.However,the revocation of the adult self-determined guardianship contract should be based on the principle that the new law should have priority over the old law,following the regulations of the General Provisions of Civil Law.Because the self-determined guardianship is about the interests of the person under guardianship and has the general requirements of guardianship,so self-determined guardianship contract should be set up with a strict supervisory mechanism,the content of the guardianship and supervision can be involved in the contract.It also needs to establish the supervision mechanism of combining private supervision with public supervision,adheres to the principle of preferential application of the self-determined guardianship contract,ensures the effective application of the self-determined guardianship system.At the same time,the new concept of adult self-determined guardianship system will also have an impact on the traditional familism of our country.It will free people from old ideas and fully respect the right of self-determination,thus giving people under guardianship who have lost their trust in legal guardians an additional choice,so as to achieve the legislative intent of the self-determined guardianship system.