人口老龄化背景下我国意定监护制度研究

Research on China’s Voluntary Guardianship System against the Background of Population Aging

摘要: 意定监护制度作为我国《中华人民共和国民法典》确立的新型成年监护制度，以尊重当事人意思自治为核心，突破了传统法定监护的僵化局限，成为完善养老保障体系的重要法律支撑。然而，我国意定监护制度立法起步较晚，在实践运行中面临监护人供给短缺、监督机制缺位、配套保障不完善等困境，制度效能难以充分发挥。本文以人口老龄化现实困境为切入点，梳理意定监护制度的立法演进与核心法理，剖析当前制度运行的现实障碍与深层成因，借鉴域外成熟立法经验，结合我国国情与养老实际，提出构建全流程监督体系、强化配套保障体系等针对性优化路径，旨在推动意定监护制度落地见效，切实保障老年人等弱势群体的合法权益，助力积极应对人口老龄化国家战略实施。

Abstract: As a new type of adult guardianship system established by China’s Civil Code, the voluntary guardianship system centers on respecting the autonomy of the parties’ wills and breaks through the rigid limitations of traditional statutory guardianship, thus serving as an important legal support for improving the elderly care system. However, due to the relatively late start of relevant legislation, China’s voluntary guardianship system faces practical dilemmas including a shortage of qualified guardians, the absence of a supervision mechanism, and inadequate supporting safeguards, which prevent the system from functioning to its full effect. Taking the practical challenges of population aging as the starting point, this paper reviews the legislative evolution and core jurisprudence of the voluntary guardianship system, analyzes the practical obstacles and deep-seated causes in its operation, draws on mature foreign legislative experience, and proposes targeted optimization paths based on China’s national conditions and elderly care reality. The study aims to promote the effective implementation of the voluntary guardianship system, earnestly protect the legitimate rights and interests of the elderly and other vulnerable groups, and support the implementation of the national strategy of actively responding to population aging.