Study On The Improvement Of The System Of Determined Guardianship Supervision

Since the middle of the last century,the impact of aging on social development and the change in the new concept of international human rights protection have prompted both legal systems to revise the system of adult guardianship and to construct a system of determined guardianship of adults with the core value of respecting the person’s autonomous decisions and residual capacity of will.The determined guardianship supervisory system is designed to grant guardianship under conditions that maximize the autonomy of the parties to the agreement,with the necessary outside interventions to bring the parties to substantial equality.China’s determined guardianship system is still in its infancy,from the norms themselves and the practice of judicial organs,notary institutions and other subjects to explore the determined guardianship supervision measures,China’s determined guardianship supervision system specific norms are thin,the lack of prior supervision,after the supervision of limited protection and other problems,can not really achieve the original purpose of the system design.The current legal norms have been the initial response to the problem of determined guardianship supervision,but there is a need to improve our determined guardianship supervision system through the interpretation of the law and other single law complementary path,so as to prevent the risk of abuse of rights.Based on the principle of least restriction and best interest of determined guardianship supervision,the public-private dual supervision model can be established based on the beneficial experience of different supervision models in foreign countries.The notary’s natural advantage is to be included in the main body of the supervisory body,forming a public-private dual supervision model with the cooperation of private intended supervisors,public people’s courts,civil affairs departments and other institutions,and the participation of the notary as a special subject with both public and private attributes.Secondly,through specific analysis,we can restore the content of the authorization of the intended guardianship agreement,the requirements for the establishment of the agreement and other matters that should be supervised beforehand,clarify that the time of the commencement of the intended guardianship supervision can be determined by agreement,and ensure effective supervision and protection when the person’s capacity is disabled by expanding the interpretation of"partial loss of civil capacity".The time of the commencement of the intended guardianship can be determined by agreement.Finally,in conjunction with the Civil Code of the People’s Republic of China,the Law on the Protection of the Rights and Interests of the Elderly,the Law on Notary Public,and other legal regulations,the supervisory authority of each public and private subject is specified,and the time for the exercise of the right to arbitrary termination of the intended guardianship agreement and the supervisory agreement is limited,so that the abstract supervisory system can be made concrete and clear under the current legal system,forming a multiplicity of supervisory subjects with clear responsibilities,and effectively safeguarding the freedom of intention and guardianship.In this way,the abstract supervisory system is made concrete and clear under the current legal system,forming a comprehensive supervisory system with multiple supervisory bodies and clear responsibilities,and effectively safeguarding freedom of consent and guardianship.