Research On The Improvement Of Voluntary Guardianship System In China ——From The Perspective Of Three Cases Of Intended Guardianship Related Cases

With the deepening of China’s population aging and the gradual development of international human rights concepts,"Civil Code" has made innovative provisions on the guardianship system.The agreement selects and appoints a guardian,and plans in advance what will happen in the future in the event of incapacity.The voluntary guardianship system pays attention to the subjective wishes of adults.The principal decides the future guardian independently.The two parties sign a guardianship agreement to clarify the guardianship content.The guardian begins to perform the agreed guardianship duties when the adult’s civil capacity is lost or declined,and appoint guardian supervisors to supervise the performance of duties and protect the rights and interests of the wards.When necessary,the public power will intervene to protect and supervise the legitimate rights and interests of the wards in all aspects.Therefore,all countries in the world attach great importance to building a systematic decision guardianship system.However,the principled provisions of China’s current Civil Code cannot provide sufficient guidance for practice,and there is still a lack of detailed rules,and the lack of a supporting supervision mechanism also hinders the application of voluntary guardianship in judicial practice.Therefore,it has important theoretical and practical value to discuss the perfection of China’s voluntary guardianship system.From the perspective of three typical cases,this paper analyzes the disputed issues in the cases,and puts forward some reference opinions for improving the guardianship system in order to realize the purpose of protecting the rights of vulnerable groups.The content of the thesis is divided into three parts:The first part briefly describes the basic facts of three typical voluntary guardianship cases and summarizes the three controversial points in the cases: first,whether or not the power of attorney can be determined as a voluntary guardianship agreement;second,what responsibilities the guardian should undertake;It is to decide whether the validity of the guardianship agreement has priority.The second part conducts a jurisprudence analysis of the disputed focus of the three cases.Combining the viewpoints of Chinese academic circles and the legal countermeasures taken by different countries outside the region,this paper focuses on three aspects: first,it first analyzes the subject qualification requirements for entering into a guardianship agreement,as well as the content and form requirements of the contract,and then analyzes It discusses the coming into force of the willful guardianship agreement;secondly,it analyzes the content of the duties of the willful guardian;thirdly,it discusses how to apply the willful guardianship and legal guardianship.The third part draws on the legal countermeasures taken by different countries,and puts forward suggestions on the improvement of the guardianship system based on China’s national conditions.First of all,regarding the willed guardianship agreement system,it is necessary to improve the establishment and entry into force of the willed guardianship agreement;secondly,clarify the responsibilities of the willed guardian,balance the relationship of rights and obligations,and encourage the guardian to actively perform the guardianship duties;Priority is given to protect the ward’s right of self-determination and reduce the occurrence of disputes;finally,regarding the guardianship supervision mechanism,China should implement a dual-track guardianship supervision mechanism to comprehensively protect the ward’s legitimate rights and interests.