| In response to the social status quo of an increasingly aging population,my country has closely followed the international human rights development trend.During the reform of adult guardianship,China has gradually realized that the voluntary guardianship system has significant institutional advantages in fully guaranteeing the autonomy of the parties,and has continuously passed legislation to protect it.Strengthen and perfect.The "Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly"(hereinafter referred to as the "Law on the Protection of the Rights and Interests of the Elderly")opened the prelude for the elderly to protect their rights and interests by establishing voluntary guardianship,but did not involve the relevant supervision rules;the Civil Law of the People’s Republic of China The General Provisions(hereinafter referred to as the "General Provisions of the Civil Law")officially expanded the applicable subjects of voluntary guardianship to adults,and the supervision of voluntary guardianship was limited to the principle provisions of the subsequent revocation of guardianship;There has not been a major breakthrough in the relevant legislative provisions of the adult willed guardianship system,and the specific content of the willful guardianship supervision is still a generalized provision.Due to the absence of the voluntary guardianship supervision system,the problem of guardian abuse of guardianship is becoming more and more serious.Looking at the reform of adult voluntary guardianship in foreign countries,great attention is paid to the refinement of voluntary guardianship supervision measures.In order to solve the problem of no guardianship after the principal loses his or her willpower,the continuous power of attorney granting system in the United Kingdom and the United States breaks through the boundaries of traditional agency and endows the granting of power of attorney with continuous effect.The private supervision mode of censorship,the UK has formed a public supervision mode with the protection court as the main body.In contrast,my country’s will-determined guardianship and supervision system still needs to continue to be explored and improved,and we can fill in the system deficiencies in our country on the basis of learning from the useful experience of foreign countries.Specifically,it can be carried out in the following way: on the premise of understanding the meaning and necessity of the guardianship supervision system,introduce and absorb the latest international human rights concepts such as "private law autonomy theory","utilization of residual capacity","public guardianship law",etc.It can protect the interests and self-determination rights of the ward to the greatest extent when refining the supervision measures;based on the actual national conditions of our country,due to the lack of clear legal guidelines for the supervision system of guardianship,guardians abuse the guardianship power repeatedly,but the parties rarely use it.Judicial means to protect rights,based on this situation,China has explored a localized practice path combining notarization and voluntary guardianship;at the same time,the social trend of legalization of guardianship is irreversible.The civil affairs department and the court cooperate with each other to carry out indirect supervision,while private supervisors use their own advantages to carry out normal supervision;considering the complexity and triviality of guardianship affairs,in order to ensure the effectiveness of supervision,our country should clarify the supervision of personal,medical,and property management.At the same time,the lack of complete supporting auxiliary procedures will seriously affect the operation effect of the willed guardianship supervision system.Integrate reports and visits to establish a set of guardianship supervision system integrating preventive relief;currently,guardianship support trust is an innovative system that integrates trust and guardianship.Considering that the system has just been introduced,trust The relevant supervision rules in the field and the determined guardianship supervision measures still need to continue to run in,in order to achieve the maximum effectiveness of guardianship support trust supervision.Although mature and advanced concepts and measures outside the territory can provide guidance for my country to improve the guardianship supervision system,my country still needs to continue to refine it based on its own national conditions to ensure that the system can fully safeguard the legitimate rights and interests of the ward. |
