一、问题的缘起自1980年以来,我国老年人口占总人口的比重不断趋增,于2000年我国已迈入老龄化社会~①,为顺应我国未富先老的国情,老年人意定监护制度应运而生。此项立法举措虽弥补了老年人监护制度的立法空白,与国际人权保障新理念接轨~②,最大限度彰显了老年人的自我决定权,大大缩短了我国成年监护同其他先进国家监护立法变革的距离,但其仍然存在不少问题,主要体现为:一是制度理念落后,怠于强调国家适当干预义务,二是制度 First, the origin of the problem Since 1980, China’s elderly population continues to increase the proportion of the total population in 2000, our country has entered an aging society ~ ①, in order to comply with our country is not rich in the first national conditions, the elderly care system Came into being. Although this legislative measure has made up for the legislative blank of the guardianship system for the elderly and is in line with the new concept of international human rights protection, it has fully demonstrated the self-determination of the elderly and greatly shortened the legislative guardianship changes between our adult guardianship and other advanced countries Distance, but there are still many problems, mainly as follows: First, the concept of the system lags behind, lazy to emphasize the appropriate state obligation to intervene, the second is the system