Research On Legal Issues In The Application Of Willing Guardianship System ——From The Perspective Of Three Judicial Cases Including Sun Lili

Since the publication of the "Civil Code",the public’s attention to this "encyclopedia" has been unprecedentedly high,and the original "superior" system of will guardianship has also begun to enter the homes of ordinary people.The relevant provisions on the adult-willed guardianship system in the General Provisions of the Civil Law have been inherited in the era of the Civil Code,and a new chapter has been opened under this brand-new institutional background.This system has been widely recognized in the society,which reflects the fact that the legislation keeps pace with the times and at the same time does not forget to respond to the needs of the people.At the same time,it also demonstrates the idea that the development of the rule of law in my country has always been based on the interests of the people.However,in practice,the voluntary guardianship system is still in the process of continuous exploration and improvement,lacking specific and operable supporting measures,and often the guardian abuses his rights,which leads to the risk of the ward’s personal rights and property interests.There are also relatively few cases in judicial practice in Shanghai,and the courts are more likely to hear cases based on principled provisions,which makes the application of this system in judicial practice unsatisfactory and needs to be further improved.The article is divided into four parts.The first part is the analysis of judicial cases involving voluntary guardianship and the focus of disputes in the case.This part selects three judgment documents related to voluntary guardianship on the Judgment Documents Online.According to the plaintiff’s petition and defendant’s defense and The judge’s reason for the judgment,according to the judge’s judgment idea and trial basis in the trial of the case,analyzes the disputed focus of the case in the part involving the voluntary guardianship system,and draws out the theoretical basis of the voluntary guardianship system through these three real cases in judicial practice.and common problems in practice.The second part is the jurisprudence analysis based on the above-mentioned legal issues.Firstly,the above-mentioned cases involve voluntary guardianship and legal guardianship,the applicable principles of voluntary guardianship,and the notarization system of voluntary guardianship,and discuss the current predicament of voluntary guardianship system.The third part is the extraterritorial experience of the will-determined guardianship system.Through the introduction of the extraterritorial system,the first is to understand the development and reform of the will-determined guardianship system,and the second is to obtain the system content suitable for our country’s reference through comparison.The fourth part is the improvement proposal.From the point of view of solving the problem,for the problems existing in the willful guardianship system proposed in the article,a perfect path is given in terms of the applicable principles of the willed guardianship,the scope of the subject and the notarization of the willed guardianship,in order to hope that the willed guardianship system can be theoretically and Practical aspects are improving day by day.This article focuses more on the notarization system of intended guardianship.Although the current law does not stipulate that the intended guardianship agreement must be notarized to take effect,whether it is from the perspective of people’s demand for agreement notarization in practice or the role of notarization in the intended guardianship system From the perspective of its role,in the development process of the localization of the guardianship system,it is necessary for the notary public to participate in the whole process of guardianship.