老龄社会下意定监护制度的表达与体系构建

Expression and System Construction of the Intended Guardianship System in an Aging Society

In the context of the continuous deepening of China’s aging population, as of the end of 2023, the population aged 60 and above accounted for 21.1% of the total national population, making the protection of the rights and interests of the elderly an increasingly prominent issue. The intended guardianship system is of great significance as an important measure to address the challenges of an aging society and protect the rights and interests of the elderly. However, currently, many problems have emerged in the practice of this system. For example, there is a lack of standardization in the conclusion of agreements, with issues such as fraud and unclear terms; the supervision mechanism is imperfect, lacking specialized supervision agencies and clear standards; the connection between intended guardianship and legal guardianship is unclear, with ambiguous application order and conversion conditions; the protection of the rights and interests of the ward in property management and medical and daily care is insufficient; social awareness is low, and there is a shortage of professional service institutions and talents. This research comprehensively uses traditional jurisprudence analysis, literature review, and comparative methods to deeply analyze the current situation and problems of the intended guardianship system. By comparing the relevant systems of the United States, Japan, Germany and other countries, learning from their mature experiences, and closely combining with China’s national conditions, improvement suggestions are put forward from multiple dimensions. Standardize the text of the intended guardianship agreement, clarify the guardianship matters, duration, responsibilities and other contents; construct a comprehensive guardianship supervision system, clarify the supervision subjects and standards; improve the system connection, determine the priority application and conversion rules of the intended guardianship; strengthen the protection of the rights and interests of the ward, refine the protection of property management and medical and daily care rights and interests; enhance social awareness and service construction, strengthen publicity and cultivate professional talents and institutions. Improving the intended guardianship system is of far-reaching significance for protecting the rights and interests of the elderly, reducing the burden of family elderly care, promoting social harmony and stability, and promoting the sustainable development of an aging society.

在我国老龄化程度持续加深的大背景下，截至2023 年末，60 岁及以上人口已占全国总人口的21.1%，老年群体的权益保障问题愈发凸显。意定监护制度作为应对老龄化社会挑战、保障老年群体权益的重要举措，其重要性不言而喻。然而，目前该制度在实践中暴露出诸多问题，如协议订立规范性缺失，存在欺诈、条款不明等情况；监督机制不完善，缺乏专门监督机构和明确标准；意定监护与法定监护衔接不清晰，适用顺序和转换条件不明；被监护人在财产管理和医疗生活照料方面权益保护不足；社会认知度低，专业服务机构和人才短缺等。本研究综合运用传统法理学分析法、文献综述法和比较法，深入剖析意定监护制度的现状和问题。通过对比美、日、德等国相关制度，借鉴其成熟经验，紧密结合我国国情，从多维度提出完善建议。规范意定监护协议文本，明确监护事项、期限、职责等内容；构建全方位监护监督体系，明确监督主体和标准；完善制度衔接，确定意定监护优先适用及转换规则；强化被监护人权益保护，细化财产管理和医疗生活照料权益保障；提升社会认知与服务建设，加强宣传并培育专业人才和机构。完善意定监护制度，对保障老年人权益、减轻家庭养老负担、促进社会和谐稳定及推动老龄化社会可持续发展意义深远。