Research On The Legal Perfection Of Intended Guardianship System In China

The establishment of intended guardianship system reflects the importance in China attaches to the right of independent decision,which is conducive to safeguarding the interests of vulnerable groups,relieving the burden of family and society for the aged and innovating the way of supporting the aged.However,the current design of the intentional guardianship system in China lacks detailed provisions on the subject qualification setting,the establishment and effectiveness of the guardianship agreement,the supervision mechanism,and the rules of rescission and delegating,which will inevitably cause confusion in practice and hinder the smooth operation of the intentional guardianship system.Therefore,China should improve the relevant provisions of the intentional guardianship system as soon as possible,and provide more clear norms and guidelines for the practice of intentional guardianship.This paper first introduces the connotation of the intentional guardianship system and summarizes the value of the system in combination with the social problems of aging in China.Then the implementation of the intentional guardianship system in China is analyzed and explained by case analysis.Then on this basis,the author puts forward four problems in the intentional guardianship system,such as the unreasonable setting of the subject and the rules for the determination of the capacity of conduct,the unclear necessary clauses and effective elements of the guardianship agreement,the imperfect supervision of public power and the absence of private supervision,and the absence of the rules for the exercise of termination and delegating.Finally,the application of comparative analysis to the United States,Britain and Japan and other countries of the guardianship system by the operation of the model was investigated,and combining the actual situation in our country to perfect the guardianship system by the following Suggestions: first,by introducing the meaning of ability rules for expanding the scope of the applicable subject,setting clear guardian access conditions;Second,on the basis of clarifying the necessary provisions of the agreement,the notary procedure is introduced to review the content of the agreement,and the personal and property management responsibilities of the guardian are detailed.The effective node of the guardianship agreement is defined through the standard combining medical appraisal and legal judgment.Third,based on the establishment of guardianship and supervision and the construction of a complete external supervision system,to construct a systematic supervision mechanism;Fourthly,on the basis of distinguishing the two stages before and after the effective of the intentional guardianship agreement,the exercise rules of the right to terminate the intentional guardianship should be added,and the exercise of the subdelegation should fully respect the autonomy of the parties.