论老年人任意监护制度

我国《老年人权益保障法》第26条确立了老年人任意监护制度,适应了人口老龄化问题突出、人权保障观念深化的时代背景,融入保障身心障碍者福利理念,弥补了老年人监护制度方面的立法空白.但是我国新确立的老年人任意监护制度仍存在受监护对象狭窄、缺乏具体实施办法、监护监督机制不健全等问题.针对我国老年人任意监护制度中存在的问题,该制度中关键的老年人委托监护合同与任意监护监督制度的配套规则亟需完善.

On arbitrary guardianship system for the elderly

Article 26 of China＇s ＂Protection Law for the Elderly＂ established the arbitrary guardianship system for the elderly, adapted to the historical background of highlighted problem of aging population and the deepen concept of human rights protection, integrated philosophy of securing benefits of the disabled, and made up for the legislative gaps in the guardianship system for the elderly. But there are still problems existed in our newly established system, such as the narrow ranges of objects under guardianship, the lack of concrete measures for implementation, non-perfect guardianship and monitoring mechanism and so on. For the problems, the supporting rules for the contract of entrusted guardianship for the elderly and the arbitrary guardianship and monitoring system are needed to be improved.