我国老年人意定监护制度的缺陷与其完善路径

The Defects and Improvement Path of the Intentional Guardianship System for the Elderly in China

摘要: 意定监护制度是老龄化背景下破解老年人养老问题的重要对策。通过对我国现行老年人意定监护法律制度的现状分析发现，老年人意定监护仍存在一系列问题：在启动方面，老年人意定监护制度仍与民事行为能力挂钩制度适用僵化；公证、监督等程序上也缺乏法律的具体规定；而有愿意充当监护人的自然人或组织的匮乏也限制了这一制度效能的发挥，这些都是导致老年人意定监护纠纷产生的主要原因。针对这些问题，应从以下方面予以完善：首先，应当完善民事行为能力的认定，厘清意定监护与民事行为能力的衔接；其次，构建独立且完整的意定监护制度体系，加强公权力的监督，保障意定监护制度的顺利实施和有效运行；再次，重视职业监护人队伍的建设工作，通过系统的培训，不断提升他们的专业素养和思想道德水平；最后，要进一步完善意定监护的监督与问责机制，确保监护人能够依法履行职责，切实保障被监护人的合法权益，为意定监护制度的实践提供保障。

Abstract: The voluntary guardianship system is an important strategy to solve the problem of elderly care in the context of aging population. Through the analysis of the current legal system of elderly guardianship in China, it is found that there are still a series of problems with elderly guardianship: in terms of implementation, the elderly guardianship system is still linked to the system of civil capacity and its application is rigid; There is also a lack of specific legal provisions for notarization, supervision and other procedures; The lack of natural persons or organizations willing to act as guardians also limits the effectiveness of this system, which is the main reason for the emergence of intentional guardianship disputes among the elderly. To address these issues, improvements should be made in the following aspects: firstly, the determination of civil capacity should be improved, and the connection between designated guardianship and civil capacity should be clarified; Secondly, establish an independent and complete system of voluntary guardianship, strengthen the supervision of public power, and ensure the smooth implementation and effective operation of the voluntary guardianship system; Once again, we attach great importance to the construction of the professional guardianship team, and continuously improve their professional competence and ideological and moral level through systematic training; Finally, it is necessary to further improve the supervision and accountability mechanism of voluntary guardianship, ensure that guardians can fulfill their duties in accordance with the law, effectively protect the legitimate rights and interests of the ward, and provide guarantees for the practice of the voluntary guardianship system.