Study On The Adult Voluntary Guardianship System In China

Under the background that international civil law protects human rights and respects the free will of citizens,through the continuous efforts of Chinese scholars,the adult guardianship system was first reflected in the protection of the guardianship rights of the elderly,and then the applicable subjects were expanded to 18 years old and mental state.Normal all natural persons.This is the continuous innovation and development of my country’s guardianship system,and it also reflects the protection of vulnerable groups in my country’s civil law.With the continuous improvement of voluntary guardianship in the law,its institutional structure has emerged.Through the understanding of the voluntary guardianship system in different countries and in our country’s practice,it also exposes certain problems,which need to be continuously explored by academics and legislators to analyze the reasons for the problems.In order to promote the continuous improvement of my country’s adult guardianship system,better protect the realization of citizens’ right to self-determination,promote the development of the adult guardianship system in my country,and provide a feasible way to solve the pension problem in our country.By reading and sorting out a large number of court precedents about adult voluntary guardianship,this paper finds that there are two main problems in the application of the adult voluntary guardianship system in my country’s judicial practice.There are many independent agreements in the content of the guardianship agreement.In addition,the guardianship is concealed and there is a lack of systematic and comprehensive supervision over the exercise of the guardianship of the guardian.It is easy to cause infringement problems in the performance of guardianship.There is a lack of registration in the guardianship system in our country.Procedural safeguards and lack of supervisory mechanisms are two issues.Therefore,this paper takes these two problems existing in the judicial practice of adult voluntary guardianship as the main research objects,and then studies the adult voluntary guardianship system in our country.In the study of the lack of registration procedures in the guardianship system,it is first clear that the establishment of registration procedures in my country is the need to protect the rights and interests of the ward,the need to ensure the effective conclusion of the guardianship agreement,and the need to maintain transaction security and stability.Considering my country’s actual national conditions on the basis of learning from foreign legal experience,when choosing the establishment of my country’s intended guardianship registration procedure,it should be determined that the civil affairs department should be established as the registration authority,and a unified registration inquiry system should be established and open to relevant subjects.At the same time,based on the current legislative status of the adult guardianship supervision system,my country’s willful guardianship supervision system has some progress,but the current general guardianship supervision system regulations are not suitable for the particularity of adult guardianship.The establishment of guardianship and supervision subjects is extensive,but in the exercise of the actual supervision power,there are unclear responsibilities and unclear division of labor,so that the legitimate rights and interests of the ward cannot obtain the expected protection purpose.Therefore,this paper proposes to establish a supervision system of willed guardianship,set up special guardianship supervisors,and clarify the division of responsibilities among the supervisors.The purpose is to complete the supervision mechanism of adult willed guardianship in my country and promote the progress of the adult willed guardianship system in China.