Study On The System Of Voluntary Guardianship In China

The General Principles of Civil Law,implemented in October 2017,formally established the adult voluntary guardianship system,which included all adult persons with full capacity for civil conduct into the scope of voluntary guardianship,thus broadening the scope of applicable subjects of the guardianship system in China,respecting the free will of two parties of the voluntary guardianship to the maximum,increasing the protection of the remaining capacity of the ward.The legislation of voluntary guardianship system in China has realized a leaping development.However,there's a little pity that the General Principles of Civil Law simply stipulates the voluntary guardianship with only one clause.The clause only clearly define the subject and form elements needed for the establishment of the voluntary guardianship,but do not have any matching specification for the voluntary guardianship,which is missing in many aspects.Therefore,based on the basic theoretical research of adult guardianship,combined with some cases in practice,this paper tries to find out the possible defects of the system.At the same time,in view of the existing problems,use the mature experience of voluntary guardianship system in some foreign countries,we try to put forward some suggestions for the improvement of our country's voluntary guardianship.In detail,this paper is divided into five chapters.The first chapter introduces the background of the topic,the significance of the research and the research status at home and abroad.On the basis of clarifying the background of the topic selection and the theoretical and practical significance of the research,this paper briefly introduces the current situation of the research on voluntary guardianship.The second chapter is an summary of the system of voluntary guardianship,which mainly introduces the concept,characteristics,values and other general basic theories of voluntary guardianship.The third chapter analyzes the cases in practice,summarizes the existing problems in the current voluntary guardianship system in China.For example,it is not appropriate to use the declaration of lack of capacity for civil conduct as the standard of starting the voluntary guardianship;the norms for guardians are unclear;the contract of the voluntary guardianship is not standardized;and the supervision mechanism is absent.The fourth chapter studies the adult guardianship system of some foreign countries in the viewpoint of comparative law,and extracts the common points and mature experience of the reform of adult guardianship system in these countries,so as to provide theoretical basis support and system reference for the improvement of the article.Finally,in the fifth chapter,based on the defects of the third chapter,and referring to the relevant systems and experiences of foreign countries in the fourth chapter,combined with China's national conditions,the author puts forward some suggestions on how to start the voluntary guardianship,how to improve the relevant provisions of the voluntary guardianship,how to determine therules and procedures of the voluntary guardianship contract,and how to establish a supervision mechanism.