中国意定监护制度的现状与未来发展

Abstract

Facing the current situation of aging and fewer children, Chinese intentional guardianship has received much theoretical and practical attention in recent years. Although the relevant laws have been in force for more than ten years, the legal provisions, system practice and academic research reflect that the system still has problems such as unclear positioning, simple provisions and lack of supporting systems, which reflects the cultural dilemma of localization of foreign systems. It should be made clear that guardianship belongs to an entrustment agreement, is different from maintenance and maintenance obligations, and has priority over legal guardianship. In the future, the establishment and effectiveness of voluntary guardianship should be removed from the connection with the declaration of capacity; Add supervision of voluntary guardianship; It also pays attention to the integration with social system and traditional culture in the process of localization of custody.