Study On The Legal Application Of Voluntary Guardianship System For The Aged In China

In recent years,with the increasing proportion of the elderly population,China has entered an aging society,and the issue of old-age care for the elderly has received much attention.The intended guardianship system established by the "Old Age Law" and the "General Principles of the Civil Law" provides new ideas and new models for the issue of old-age care in China,older people can sign an intentional guardianship agreement with an individual or organization when they have full civil capacity,which can ensure that the parties determine the guardian according to their own wishes.At present,the economically developed areas such as Beijing and Shanghai have also vigorously promoted the system.However,by analyzing two real-life cases,it is found that because the legal provisions in the current legislation are too principled and lack of operational rules,there are many problems in the process of applying the law.For example,the rules for the selection of the intended guardian are not clear enough.It is not the blood relationship,but the guardianship ability and personal will.The rules of "other individuals or organizations" are relatively vague and uncertain.In addition,the degree of notarization of the intentional guardianship agreement is not enough,and there is no intention to monitor and supervise the mechanism.When the elderly in a weak position is unable to self-protect their rights,the lack of supervision and supervision will become an institutional tool for damaging the elderly.Therefore,it is suggested that in the process of applying the law,the scope of the guardian should be further clarified,or a special intentional guardian or professional intentional guardian can be established to further strengthen the notarization of the content of the intended guardianship agreement,so that not only the legal risk can be reduced.It can also play the role of publicity or registration to improve the execution of the intended guardianship agreement.At the same time,it is more important to establish a sound and effective monitoring and supervision mechanism for the elderly,strengthen the supervision of guardians,and reduce the chances of infringement of the rights and interests of the elderly from the beginning of the guardianship relationship.