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监护制度的完善是衡量一国人权的重要因素,我国现行监护制度仅涉及精神病人的监护,在老年人监护方面规定不足,这无法适应我国老龄化社会的需要。建议在未来的民法典编纂中,专门设立成年人监护制度,扩大成年人监护制度的适用对象。完善意定监护制度,提升意定监护制度的地位,扩大其适用对象,完善监护程序。同时参考外国法的规定明确指定监护的原因及启动程序。
The improvement of the guardianship system is an important factor to measure the human rights of a country. The current guardianship system in our country involves only the guardianship of mentally ill persons and the lack of provisions in guardianship of the elderly, which can not meet the needs of an aging society in our country. Proposed in the future codification of the Civil Code, the establishment of adult guardianship system specifically to expand the system of adult guardianship object. We will improve the system of supervision and appointment of carers, raise the status of the system of supervision and care for those who intend to do so, expand the scope of its application, and improve the guardianship procedures. At the same time, referring to the provisions of the foreign law, the reasons for the guardianship and the procedure for starting the guardianship should be clearly specified.