Research On Adult Voluntary Guardianship System

The adult voluntary guardianship system stems from the guardianship needs of world's population development structure,and continues to develop with the update of the international human rights concept.In our country,there is a wide range of applicable space for the adult voluntaryguardianship system,mainly for two reasons: on the one hand,the aging population in China is becoming more and more serious,and the unique social family structure makes it difficult for the traditional family guardianship model to fully cover;on the other hand,because the concept of international human rights is deeply rooted in the people's minds,with "people" as the center and the basic starting point has become the focus of legislative considerations.However,the research on this system in China is still in the exploratory stage.At present,the relevant legislation is still in the principle stage,lacking systematic and perfect rules to guide the practical application.This article is based on the development needs of China's localized rule of law and the requirements of the modern international human rights concept.Through analysis and inspection of the adult voluntary guardianship system outside the region,we summarize relevant experience and strive to improve the adult voluntary guardianship system from the system content and procedural guarantee levels.The research in this article includes four parts,the specific contents are as follows:The first part is the current status of the adult voluntary guardianship system in China.First of all,we will introduce the current legislative status of the system in China.By analyzing and commenting on Article 26 of the Law on the Protection of the Rights and Interests of the Elderly and Article 33 of the General Rules of Civil Law,understand the deficiencies in existing legislation;secondly,through the review of the judicial cases on the application of the voluntary guardianship clause in the Chinese Judgment Document Network,the problems existing in the practical application of the system are summarized.The second part is the basic theory of adult voluntary guardianship system.Taking the basic theory of modern law as the basic focus,it defines the connotation and characteristics of the adult voluntary guardianship system,and then clarifies its establishment philosophy and legislative value,and establishes a solid theoretical basis for further research on the adult voluntary guardianship system.The third part is the comparative investigation of the extra-territorial adult voluntary guardianship system.Through research and comparison of the legislative status of the relevant countries such as the United Kingdom,the United States,Germany,Japan,it sorts out and summarizes the specific rules of various countries in terms of the voluntary guardianship subject,the voluntary guardianship contract,the voluntary guardianship supervision system,and the voluntary guardianship program design.It also analyzes and compares different applicable situations,sums up and draws on relevant legislative experience,and provides ideas for the further improvement of the adult voluntary guardianship system in China.The fourth part is the perfect path of the adult voluntary guardianship system.This part is the focus and core of this article.The scope of the clearly defined guardian should be individuals and organizations with guardianship willingness and guardianship ability,but the qualification entry threshold should be set;the construction of the voluntary guardianship contract system should clearly stipulate the matters that cannot be entrusted,the voluntary guardian 's rights and obligations,the entry into force of the contract,changes,cancellations,termination,etc.;starting from the two dimensions of the guardian 's selection rules and the determination of the guardianship content,construct a guardianship supervision system that combines personal supervision and public supervision;finally,in terms of procedures,combine the notarization system when the contract is established and the application of the registration system when the contract becomes effective make the voluntary guardianship contract more credible and public.