论文部分内容阅读
美国成年人监护监督制度经历了从无到有,逐渐发展成包括监护计划、监护报告、监护报告的审阅、惩罚措施、资金保障、社会参与等在内的制度体系,形成了一个全程保护欠缺行为能力成年人的法律系统。随着我国老龄化和高龄化形势严峻,《民法总则》中的监护监督制度存在主体空缺、实体法与程序法缺乏等问题,制度形同虚设,无法对监护人进行有效监督,导致被监护人处于权益随时可能遭受侵害的危险之中,因此,有必要在借鉴美国成年人监护监督立法与司法实践经验的基础上构建我国民法典中成年人监护监督的法律制度。
The adult supervision system in the United States has undergone a system of non-existence and gradually developed into a system of systems including guardianship plans, guardianship reports, review of guardianship reports, punitive measures, financial support and social participation, forming a system of protection and lack of full protection Ability of adult legal system. As the situation of aging and aging in our country is grim, the supervision and supervisory system in the General Provisions of Civil Law has some problems such as the lack of the main body, the lack of substantial law and the procedural law, and the system can not be supervised effectively, resulting in the rights and interests of the guardian being at any time Therefore, it is necessary to establish the legal system of adult supervision and supervision in China’s civil code on the basis of drawing lessons from the experiences of American adult guardianship supervision and judicial practice.