On The Study Of The Arbitrary Adult Guardianship Supervision System In China

Following the reform trend of international adult guardianship and coping with the challenge of population aging,a new arbitrary guardianship system for adults in China is proposed in General Provisions of Civil Law,2017.The greatest feature of this system is that the people can choose their own guardians and decide their own guardian affairs before they lose or partially lose capacity,reflecting the latest respect for international human rights.However,this system,stipulated in our country,does not contain the auxiliary rules about the guardianship supervision,possibly causing guardianship abuse.In other countries,in which the similar arbitrary guardianship has been established for a long time,they also designed the arbitrary guardianship supervision system.In view of the broad application prospects of the arbitrary guardianship system in the future aging society and the need to prevent guardianship abuse,aiming at the deficiency of the system in our country,this paper focuses on the study of arbitrary adults guardianship supervision system,Combined with the relevant research about the supervision system of domestic and foreign scholars.From the perspective of development,this paper analyses the connotation of arbitrary guardianship supervision,and describes the necessities for the establishment of arbitrary adult guardianship supervision in China.What is more,a basic legal framework for the subject setting,the object scope and related appendix measures of the arbitrary guardian.