Study On Adult Intentional Guardianship System

Adult voluntary guardianship system refers to the legal system in which an adult with sound intention can choose a guardian according to his free will and authorize all or part of the guardianship affairs to the trustee in the contract.The system adequately protects adults who have lost or partially lost civil capacity,including the elderly,persons with disabilities,drug users,alcoholics,etc.Our country belongs to the big population country,the population aging problem is more prominent than other countries.In the 1980 s,the national policy of family planning led to the emergence of unique social problems in our country,that is,the problem of the difficulty of supporting the elderly by only-child families and families without independence.At the same time,the number of disabled persons and other disabled adults in our country can not be underestimated,which makes many families bear a heavy burden of guardianship.Although the Law of the People’s Republic of China on the Protection of Rights and Interests of the Elderly and the General Provisions of the Civil Law of the People’s Republic of China provide for the voluntary guardianship system,there are still some problems that need to be solved.In the academic circles of our country,scholars have different opinions on such issues as the choice of legislation style of adult voluntary guardianship system and the effective requirements of adult voluntary guardianship contract.In the judicial trial of our country,due to the lack of operational content in Article 33 of the General Provisions of the Civil Law of the People’s Republic of China,the court has encountered many difficulties in hearing cases concerning the voluntary guardianship system of adults.This paper intends to study the adult voluntary guardianship system,in order to put forward the operational legislation of adult voluntary guardianship system,further protect the legal rights and interests of disabled adults in China.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of adult voluntary guardianship system.It mainly includes the concept,characteristics and classification of adult voluntary guardianship system,and introduces the basic theory of the system,which lays the foundation for the full text.The second part is the present situation and main problems of the adult voluntary guardianship system in China.This paper mainly discusses the current situation of legislation and judicial practice of adult consent guardianship system in our country,analyzes the shortcomings of adult consent guardianship system in our country,and paves the way for the following suggestions improvement of adult consent guardianship system in China.The third part is the system of voluntary guardianship of out-of-area adults and its enlightenment to our country.This paper mainly introduces the main contents of American,British,German USA,UK,Germany and Japan,and summarizes its excellent legislative experience.The fourth part is the suggestion to perfect the guardianship system for adults in our country.Based on the legislative problems existing in the system of adult consent guardianship in our country,the corresponding perfect suggestions are put forward.The suggestions to improve the legislation mainly include perfecting the provisions of the subject elements of the adult voluntary guardianship system in China,perfecting the adult voluntary guardianship contract system and establishing the adult voluntary guardianship supervision system.