Research On The System Of Intentional Guardianship Supervision

With the rapid changes of the world,ushered in the wave of aging population and the constant transformation of the concept of human rights in the international community,countries have adopted legal means to protect the arrangement of adults in special cases in the future,and the intentional guardianship system is born accordingly.As far as China is concerned,the Law on the Protection of the Rights and Interests of the Elderly issued in October 2013 for the first time includes the elderly in the scope of the application of the intentional guardianship system,but it does not explicitly involve the intentional guardianship supervision system.The provisions of article 33 of the general provisions of the civil code will apply to the further expansion of the subject of intentional guardianship.This indicates that the intentional guardianship system has been formally established,but the current legislation and the regulations related to the intentional guardianship supervision still remain in the post supervision,and the perfect supervision system has not been formed,which is not conducive to the realization and implementation of the intentional guardianship system in practice.Therefore,the most important thing at present is to accelerate the perfection of the intentional guardianship supervision system.By comparing and analyzing the systems of intentional guardianship supervision in different countries,and combining with the problems in the implementation process of intentional guardianship in our current society,this paper puts forward some suggestions on the system of intentional guardianship supervision in China.This paper is divided into four parts: The first part elaborates the basic connotation of the intentional guardianship supervision system,and discusses the significance of the supervision system to the intentional guardianship,which lays a solid foundation for the further research of the article.The second part analyzes the legislation status quo of the intentional guardianship supervision system in our country and the investigation of the intentional guardianship supervision in practice,points out the problems existing in the intentional guardianship supervision system in our country,and proves that the existing guardianship accountability mechanism can not meet the development needs of the intentional guardianship system.The third part,through the comparative study of the main national supervision measures of the civil law system and the common law system,deeply discusses the advantages and disadvantages of the different supervision modes of the two legal systems and brings different enlightenment to our country.The fourth part is the concrete idea of constructing our country’s intentional guardianship supervision system.On the basis of learning from the concrete measures of foreign intentional guardianship supervision system,we choose the measures suitable for our country’s national conditions,and put forward our own suggestions for the problems existing in the operation process of intentional guardianship supervision system.