我国老年监护制度的立法突破及相关问题

我国老年监护制度的立法突破及相关问题

Legislative Break through and Related Issues of Elderly Guardianship System

    期刊名称：《法学研究》
    期刊年份：
    作者：杨立新
    单位：中国人民大学民商事法律科学研究中心
    中文关键词：
    英文关键词：the elderly guardianship;guardianship by conduct;designated guardianship
    中文摘要：
   
    英文摘要：
    In the backwash of the world adult guardianship system reform, China has amended the Law on the Protection of the Rights and Interests of the Elderly and set up Article 26 which provides the guardianship by conduct and the designated guardianship for the elderly, which has made the breakthrough of the reform in the legislation of adult guardianship system and replenished the types of the persons under guardianship. Thus has established a new system for guardianship by conduct and expanded the applicative scope of the designated guardianship. It has also expanded the regulatory scope of the liability of guardian stipulated by Article 32 of the Tort Law of P.R.C and the scope of persons without civil procedure competency. So it is of great value both in legislation and society. As the provisions are still simple, some related issues will be caused by the legislation of the elderly guardianship system. For instance, the guardianship by conduct for the elderly has been set up without providing the procedure of making agreement, the necessary supervision system, and the registration system for it. Besides, measures and standards to determine whether an elderly has completely or partially lost his/her civil competency have not been established. Meanwhile, the guardianship by conduct should be expanded to all kinds of adult guardianship. And a comprehensive supervision system for guardianship has not been established neither. All of these issues need supplementary regulations to make proper adjustment.
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