Adult Intentional Guardianship System Research

With the rapid development of China’s economy and society since the reform and opening up,the aging of the population has gradually become a serious social problem.In the new era,the old-age security and other problems of the elderly are no longer limited to simple care and support.The development trend of the international adult guardianship system has enriched the content and concept of adult guardianship,and the reform of the guardianship concept of respecting adults’ self-determination has put forward higher requirements for China’s adult guardianship system: it should not only meet the needs of diversified groups,but also meet the requirements of rights protection to the greatest extent.Therefore,in order to cope with the increasing crisis of aging population and guarantee the right of self-determination of diverse groups,the intentional guardianship system for adult protection has emerged,which complements the international rights concepts such as respecting the right of self-determination and maintaining the normalization of life.The Law on the Protection of the Rights and Interests of the Elderly,which was implemented in 2013,provided for the first time that the elderly could plan their lives by means of intentional guardianship,laying a legislative foundation for the adult intentional guardianship system in China.The General Principles of the Civil Law,which took effect in 2017,expanded the applicable subjects of intentional guardianship from the elderly to adults,and formally established the adult intentional guardianship system in legislation.However,the immature regulations also bring great obstacles to the practical application,and the problems in the contract content,procedural rules and supervision mechanism cause operational difficulties in practice,and it is difficult to effectively play the original effect of the intentional guardianship system.The Civil Code,which came into effect at the beginning of this year,continues the provisions of the former law and does not change the situation of the application of the current adult intentional guardianship system.Under the background of the rapid growth of the aging population and the innovation of the concept of modern international adult guardianship,the intentional guardianship system in China has been formed.The two major legal systems mainly represent the advanced legislative model of the intentional guardianship system in China,which provides beneficial reference for our country.Aiming at the current problems of the guardianship system specified by the author through the literature reading and study method of comparative study,combined with foreign legislation and research experience,points out that the current our country of the guardianship system by mainly exist the guardianship agreement by unclear,imperfect procedural rules,the absence of supervision mechanism and specific problems,lead to that of the guardianship system by realistic operability is not high,utilization rate is not effectively spread,is not conducive to the needs of the protection of the rights charges.In order to ensure the normalization of life mean lack of ability of adults,the author based on the situation of our country,draw lessons from the civil law countries advanced legislative experience,put forward the detailed content of the contract,as well as perfect from establishment to terminate the program Settings,set up supervision mechanism by which rights are protected by guardian measures such as,in order to provide theoretical reference for perfecting the guardianship system by.