An Analysis Of The Intended Guardianship System For Adults

As the world's population ages,the new concept of "maintaining normal life","respecting one's self-determination",and "using the ability of one's own self-determination" has become more and more popular.Since the beginning of 1954,adults from all over the world have been adults.The reform of the guardianship system,the adult-oriented guardianship system came into being.China has a large population base,and the problem of an aging population and an aging population is even more serious.Moreover,the “family planning” policy that “every couple have only one child” has brought many social problems,including the increasing custody of the elderly,single and empty nesters,and the tradition.The legislative concept of the guardianship system is backward.Therefore,China's original guardianship system is difficult to cope with new situations and new changes.To this end,China's "Elderly Rights and Interests Protection Law" in 2012 took the lead in prescribing the system of care for the elderly.Subsequently,China's "General Principles of Civil Law" on the basis of the legislative experience of the "Elderly Rights and Interests Protection Law" on the basis of the provisions of the adult intentional guardianship system,the intended monitoring of the object of extension to all adults.However,China's adult-oriented guardianship system is more abstract and abstract,and there is no specific supporting measures.This makes people in the practice have no idea what to do with this system and do not know how to use it.In view of this,in the opportunity of codification of the Civil Code,China should construct a complete and systematic adult-oriented guardianship system.This article is based on the "intentional monitoring system for adults-from the perspective of Article 33 of the General Principles of Civil Law".It is divided into four parts: The first part is an overview of the adult-oriented guardianship system,which mainly discusses adult custody.The concept and type,the meaning of the adult-defined guardianship system,the legal nature of the adult-defined guardianship establishment behavior,and the difference between the adult-intentioned guardianship system and the bequest-supporting agreement,the agency system and the trust system,theoretically expounding the adult meaning The proper meaning of the guardianship system.The second part analyzes the adult custodial system of adults in China.This part discusses the legislative reasons for the adult custodial system in China.From thelegislative aspect,it analyzes Article 33 of the General Principles of Civil Law and Article 26 of the Law on the Protection of the Rights and Interests of the Elderly.Thus,the shortcomings of the adult-oriented infant care system in China are obtained.The third part is to distinguish the legislative experience of the two major legal systems to introduce the adult-specific guardianship system.It mainly discusses the adult-oriented guardianship system of the United States,Britain,Canada,Germany and Japan,and briefly introduces the adult-oriented guardianship system in Australia and New Zealand.And the value concept of the intentional custody embodied in the reform of the adult guardianship system in Taiwan.The fourth part is the construction of the adult-oriented guardianship system in China from the perspective of judicial practice.This part first analyzes the application of the adult-oriented guardianship system in the judicial practice in China,and then puts forward suggestions for perfecting the adult-oriented guardianship system in China.Based on the experience of extraterritorial legislation,this paper discusses the construction of the adult-consulted guardianship contract system,the protection measures of the intended guardian,the adult notarization and registration system,and the adult-oriented guardianship supervision system.