Research On Legal Issues Of Voluntary Guardianshi

The designed guardianship system is a new guardianship system introduced by China in response to a series of social problems caused by the aging of the population and the adjustment of family structure.It was officially written into Article 33 of the Civil Code of People’s Republic of China in 2020.Article 33 of the Civil Code stipulates: Adults with full capacity for civil conduct may negotiate in advance with their close relatives and other individuals or organizations willing to serve as guardians to determine their guardian in writing.In the case of civil capacity,the guardian shall perform guardianship duties.This article establishes the designed guardianship system itself,is a major advancement in the improvement of our country’s guardianship system and human rights protection.However,the 33 provisions are more principled.As a new system,how to implement the designed guardianship system in practice waiting to be solved.Based on the current practice of designed guardianship,this article analyzes the existing problems of the designed guardianship system,summarizes the reference advantages of similar systems in other countries and regions,and explains and perfects the third of the Civil Code from the perspectives of "respect for human rights" and "assistance in decision-making".The first part of the article focuses on the comparative analysis of guardianship and designed guardianship,designed guardianship and similar systems,and discusses the irreplaceability and practical significance of the designed guardianship system;the second part focuses on the designed guardianship agreement,analyzing the nature of the agreement and the subject of the agreement The particularity of the agreement,the limitation of the content of the agreement and the formal requirements of the agreement;the third part discusses the procedures and conditions for the initiation and termination of the designed guardianship;the fourth part explains the necessity and current situation of the intended guardianship supervision,and learns from the guardianship outside the territory Supervision system,proposes the improvement plan of my country’s intentional guardianship supervision;The fifth part proposes suggestions on how to improve the existing intentional guardianship system: 1.Supplement and improve the establishment and effective requirements of the intentional guardianship agreement;2.Draft the "negative list of the agreementcontent" ";Three,clarify the procedures for the initiation of the intended guardianship;4.Establish a guardianship and supervision system that combines private supervision and public supervision.