Research On The Application Of Law In Article 33 Of General Provisions Of The Civil Law Of People’s Republic Of China

General Principles of Civil Law of PRC inherits the essence of the Protection of the Rights and Interests of the Elderly of PRC,stipulating Article 33 to improve the designed guardianship system.It is clearly stipulated that the guardianship agreement must be determined in writing,and the scope of the subject of use has been expanded to all adults with full capacity for civil conduct.Since the General Principles of the Civil Law only stipulates the designed guardianship in a general way through Article33,there are still many problems in the establishment and effectiveness of the designed guardianship agreement during the implementation process,and further explanation and improvement are needed.According to comparing systems which are similar to designed guardianship in other countries and regions of the world,we can find the direction in the establishment and effectiveness to perfect designed guardianship agreement.In addition,the Convention on the Rights of Persons with Disabilities,adopted in 2006,respects the right to self-determination and establishes the principle of assisting the decision-making system.It has gradually become the goal of countries and regions to improve adult guardianship systems.Throughout the designed guardianship,designed guardianship agreement is key.The agreementcarries my own right to decide.Whether the institutional advantages of the designed guardianship can be truly exerted depends on whether the decision can be made on my own.The assisted decision system has not been established in China.Against the background of the traditional guardianship of full legal guardianship,the designed guardianship system created by Article 33 of the General Principles of the Civil Law still faces the challenges of breaking through alternative decisions.This article combines the current intentional guardianship practice,analyzes the problems in the application of Article 33 of the General Principles of the Civil Law,sum up the reference advantages of similar systems in other countries and regions around the world,and starts from respecting my own self-determination,through interpretation and improvement of legislation to improve the establishment and effectiveness of the guardianship agreement,and improves the application of Article 33 of the General Principles of Civil Law.The first part of the article focuses on the basic concepts and theoretical issues of the application of Article 33 of the General Principles of Civil Law in China,including the interpretation and interrelationship of concepts such as the application of law,the establishment and effectiveness of civil legal acts and a guardianship agreement.The analysis of the theoretical connotation clarifies the conceptual scope of the research content of this article,and provides the basis for the following research.The second part is an introduction to the current status of China’s designed guardianship practice,followed by a summary of the problems faced by Article 33 of the General Principles of the Civil Law in the application process,including that the requirement for the written form of the agreement is too low,the scope of application of the effective subject is limited,the judgment standard of capacity is too narrow,and the guarantee mechanism for the effectiveness of the guardianship agreement is lacking.The third part introduces the international concept of "respecting the right to self-determination",compares and analyzes such as the permanent agency system,preventive agency,arbitrary guardianship,which similar to the designed guardianship system outside the territory,and finds the direction to improve the application of Article 33 of the General Principles of Civil Law.The last part is from the twoaspects of the establishment and effectiveness of the designed guardianship agreement,proposes an improvement to Article 33 of the General Principles of the Civil Law of China.The establishment aspect includes substantial explanation of full capacity,the expansion of the scope of interpretation of the intended guardianship agreement,and the establishment of the notarization procedure of the intended guardianship agreement.The effectiveness aspect includes the addition of judgment criteria for the willpower of individual cases,allowing a person to agree on the conditions for ineffectiveness and increasing procedural guarantee.