The Study On Termination Of Adult Voluntary Guardianship

The relevant provisions of the Civil Code on the termination of voluntary guardianship are relatively principled and lack specific rules for operation.The elderly and the physically handicapped also objectively have the need to accept the help of the guardianship system,and the effective protection of the elderly and the physically handicapped cannot be achieved if they cannot be terminated in time.Therefore,it is of great significance to build the rule system of voluntary guardianship relationship termination through legal interpretation to improve the entire adult guardianship system greatly.The adult voluntary guardianship contract is an extension of the commission contract.The reasons for the termination of the adult voluntary guardianship relationship can relate to the provisions of termination of the commission contract.Violation of legal guardianship responsibilities and inappropriate content of the voluntary guardianship contract can lead to the termination of the voluntary guardianship relationship.In terms of the application subjects for the termination of the voluntary guardianship relationship,it is necessary to increase the compulsory application subjects for the revocation of the voluntary guardianship,expand the scope of private supervision subjects,and establish the obligation subjects for abolishing guardianship according to authority.The position of an adult guardian has a social public responsibility,therefore it is not allowed for the adult guardian to resign freely.The exercise of the right of termination by the guardian should also be limited.Notary certification can serve as a means of confirming that an agent has entire civil capacity,but in the cause of controlling institutional costs,it is not proper to use notarial certification as a basic need for adult guardianship contracts.China pays attention to the autonomous function of the family in the field of custody supervision.In the termination procedure,China has not established an effective public power intervention procedure,and the trend of relying on the appropriate intervention of public power needs to be strengthened.The effective intervention method under the current law is based on the resolution rules of guardianship disputes stipulated in Article 31 of the Civil Code,with the resolution of guardianship disputes as the breakthrough point.By expanding the scope of "guardianship disputes" expressed in Article 31 of the interpretation,the resolution of the relationship between legal guardians and voluntary guardians is regarded as a legitimate way for the court to actively review the appropriateness of voluntary guardianship in family trial work.The termination of the intended guardianship relationship shall have corresponding legal consequences,and the intended guardians shall have the obligation to report guardianship affairs,liquidate property situations,transfer property situations,and bear corresponding liability for infringement.If the reason for the termination of adult guardianship is the death,loss of civil capacity,or termination of the trustee,then the heir,administrator,legal representative,or liquidator of the trustee shall have the obligation to notify the principal and take necessary measures to protect the interests of the principal.The termination of adult voluntary guardianship does not necessarily mean the termination of the ward’s guardianship needs.If the guardian still needs guardianship,guardianship should bridge the guardianship gap resulting from voluntary termination of guardianship.Alternatively,several adult voluntary guardians can sign voluntary guardianship contracts in advance or enter into voluntary guardianship contracts with legal persons as adult voluntary guardians to avoid the risk of no guardianship,At the same time,it is necessary to strictly limit the application of adult voluntary guardianship restoration.