Research On The Problem Of Adult Intended Guardianship System In China

With the emphasis and development of medical and health care,the life expectancy of human beings has been generally extended,the elderly population has increased substantially,and the family structure has also changed from a family living together to a small family mode.There is an urgent need to solve the problem of adult property management and personal care.Since the twentieth century,based on the consideration of respect for individual rights and transaction security,countries around the world have begun to reform their adult guardianship system.In the General Provisions of Civil Law implemented in 2017,China has established a comprehensive adult-intended guardianship system,which includes all adults with full civil capacity into the scope of intentioned custody,and provides for the signing of a guardianship agreement as the procedural elements for the intended guardianship system.China's adult guardianship system has a milestone leaping development in legislation.However,the General Provisions of Civil Law cannot cover all the provisions of the adult-intended guardianship system,and the perfection process of any system will not happen overnight.Looking at the adult-intended guardianship system of countries and regions outside,they all have gone through research and exploration one stage after another to reach the relatively mature height of today.However,China's adult-intended custody has also experienced the preliminary test in Article 26 of the Law on the Protection of the Rights and Interests of the Elderly.The comprehensive establishment of Article 33 for the General Provisions of the Civil Law can affirm the progress of legislation,however,only this one law article is far from enough.The problems presented in judicial practice also indicate that there must be complete and strong supporting measures to ensure that the adult-intended guardianship system is more suitable for social rea1 lity.Therefore,this paper hopes that based on the existing legislation,through the legal principle analysis of practical cases,I hope to put forward some practical suggestions for the improvement of China's adult intended guardianship system.This article starts from three relevant cases of adult-intended guardianship.The first chapter introduces the basic case of the three cases and the focus of the dispute in the case.The first case is the application of the law on the intended custody of the court in the case of hearing a guardianship case.The second case is the property handling problem after the death of the person under guardianship leading to the termination of the intended guardianship relationship.The third case is about the content of the agreement in the intended guardianship agreement.The second chapter is the legal analysis on the focus of dispute for the three cases.In the analysis process,it is combined with the corresponding legislation of the countries and regions outside for a brief comparison.First,the law on the intended guardianship applies.The guardianship agreement is the core of the intended guardianship system.When the court applies the intended guardianship law in hearing a case,if the party has satisfied the subject qualification of the intended guardianship,then whether the agreement is valid or not,whether or not it meets the conditions for establishment shall be the focus of the review.Second is the issue of property disposal after the death of the person under guardianship.At this time,the intended guardianship has no possibility of further continuation,and during the guardianship period,the guardian manages the relevant property of the ward,and after the termination of the guardianship relationship,the guardian's obligation fulfillment to settle and return the property is involved.Finally,the agreed content of the intended guardianship agreement.The agreed content is the consensus meaning expression among the parties of intended guardianship,but the content of such agreement should also have a suitable scope,which guarantees the ward's self-will choice and does not violate the prohibitive provision.Within such a range,the related parties are free to play.The third chapter is the revelation gained from the research case.This kind of revelation is more targeted and operable.the first is to clearly define the applicable rules of intended custody.To apply the law to the system,it is first necessary to understand the relationship between the systems,especially the complementary relationship between the intended guardianship and the legal guardianship.Only after this relationship is clarified can the judiciary hear the case more clearly.The second is to clearly define the rights and obligations of the guardian.The problem presented in the case is that the guardian's obligation is not fulfilled,and the rights and obligations are always integrated and the two should be included in the legislative regulation scope.The last is to perfect the supervision and notarization and registration mechanism,which can strongly guarantee the role playing of the intended guardianship.