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《老年人权益保障法》首次确立了老年人意定监护制度,《民法总则草案三次审议稿》扩展到成年人意定监护制度。但这些规定过于原则,在意定监护人的资格、权利、终止以及监督等方面尚需补充完善。立足我国实际,借鉴域外法,提出利用民法典编撰契机,在民法总则中明确意定监护中被监护人与监护人资格范围,意定监护合同的形式和生效,肯认意定监护人的权利,明晰意定监护人资格终止事由与程序,完善意定监护监督制度。
The Law on the Protection of the Rights and Interests of the Elderly has for the first time established a guardianship system for seniors, and the Third Draft of the General Provisions of Civil Law has been extended to the guardianship system for adults. However, these provisions are too principled and they still need to be supplemented in the aspects of qualifications, rights, termination and supervision of guardians. Based on the reality of our country and drawing lessons from the extraterritorial law, this article proposes to make use of the codification opportunity of the Civil Code. It clearly stipulates the scope of guardianship and guardianship in guardianship in the general rules of civil law. It is intended that the guardianship contract form and take effect. Given the reasons and procedures for termination of guardianship qualification, the supervision and supervision system of supervision and administration of justice will be improved.