老龄化背景下我国意定监护法律制度研究

Research on China’s Legal System of Designated Guardianship against the Backdrop of Aging Population

摘要: 随着我国人口老龄化程度持续加深，传统家庭养老监护功能逐渐弱化，失能失智老年人群体对个性化、自主化监护安排的需求日益迫切。《民法典》确立的意定监护制度，打破了传统法定监护的局限，为成年人预先规划未来监护事务提供了法律依据。然而，该制度在实践中面临实施细则缺失、监督机制不完善、社会配套支撑不足等问题，制约了其在老龄化社会中的制度价值发挥。本文基于老龄化社会的现实需求，系统分析意定监护制度的理论内涵与制度功能，深入剖析当前实践中的运行困境，并从细化实施规则、构建多元监督机制、强化社会配套支撑三个维度，提出符合我国国情的制度完善建议，以期为应对人口老龄化、保障老年人合法权益提供有益参考。

Abstract: As the degree of population aging in China continues to deepen, the traditional family-based elderly care and guardianship functions are gradually weakening. The demand for personalized and autonomous guardianship arrangements among the disabled and demented elderly population is becoming increasingly urgent. The Civil Code establishes a system of guardianship based on consent, breaking the limitations of traditional statutory guardianship and providing a legal basis for adults to plan future guardianship matters in advance. However, this system faces issues in practice such as the lack of implementation details, imperfect supervision mechanisms, and insufficient social support, which restrict its institutional value in an aging society. Based on the practical needs of an aging society, this article systematically analyzes the theoretical connotation and institutional functions of the guardianship system based on consent, deeply explores the operational difficulties in current practice, and proposes institutional improvement suggestions that are in line with China’s national conditions from three dimensions: refining implementation rules, constructing a diversified supervision mechanism, and strengthening social support. It aims to provide useful references for addressing population aging and safeguarding the legitimate rights and interests of the elderly.