The Perfection Of Adult Supervision System In China

The purpose of adult custody has changed,it used to be about protecting family interests,now it’s about protecting the interests of the wards,each country began to change its own guardianship system,for example,many excellent countries have established a sound supervision system.China has already entered an aging society.In addition,many elderly people are abused and abused frequently in practice,and the elderly have urgent practical needs for legal support.Although China’s Civil Code stipulates the supervision of adult voluntary guardianship system,there are only a few laws involved,and even the term "guardianship supervisor" has not been mentioned all the time,which shows that the supervision of guardianship in China at present still stays in post supervision,which is passive and lagging behind,and has little effect on protecting the legitimate rights and interests of adult ward,which is far from Germany,Japan and other countries.In view of the increasingly serious aging phenomenon,it is urgent for China to improve the monitoring system of adult intention of the elderly.Based on China’s national conditions,this paper tries to put forward some suggestions on perfecting China’s adult voluntary guardianship supervision system through in-depth study of different adult voluntary guardianship supervision modes abroad.The first part expounds the connotation and basic principles of adult voluntary guardianship supervision,and analyzes the related concepts of voluntary guardianship and voluntary guardianship supervision.In the second part,the author analyzes the legislative and judicial status quo of the supervision system of adult will guardianship in China,and points out that there are some problems in the supervision system of adult will guardianship in China,such as unclear selection of supervisory subjects,vacancy of supervisory powers and responsibilities,unobvious actual effect of the revocation system of guardianship qualification,and absence of prior supervision mechanism,which further emphasizes the necessity of constructing the supervision system of adult will guardianship in China.In the third part,by comparing and analyzing the guardianship and supervision modes in other countries outside China,it is concluded that China should establish a dual supervision mode combining public supervision with private supervision.The fourth part puts forward the author’s idea of perfecting the system one by one from the structural system of the intentional guardianship supervision system,discusses the concrete measures of the guardianship supervisor and supervision organization,and revokes the guardianship qualification litigation,and proposes to construct a perfect supervision mechanism in advance,and the notary office will examine and register the intentional guardianship contract in advance.