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成年心智障碍者的法人监护规范之完善
Improvement of Regulations for Legal Persons Guardianship of Adults with Intellectual and Developmental Disabilities
【摘要】 我国成年心智障碍者规模庞大,在老龄化与少子化交织的社会背景下,其监护需求与家庭监护能力之间的张力日益凸显,部分个体甚至面临无人监护的困境。法人监护作为组织监护的重要形态,为纾解这一现实困境提供了可行的制度路径。然而,《中华人民共和国民法典》虽在原则上允许法人参与监护,却缺乏与之配套的细化规范,导致制度潜能未能充分释放,实践效能受限。在具体完善路径上,应明确营利法人与非营利法人均具备监护人资格,并系统规范法定与意定两种启动方式。法人监护人在履职过程中,须严格遵循被监护人利益最大化原则。为防范履职风险,应构建贯穿全程的监督机制,对违法行为依情节予以相应处罚,并设立监护资格退出机制,从而在制度层面切实保障被监护人的合法权益。
【Abstract】 China has a substantial population of adults with intellectual and developmental disabilities(IDD). Against the backdrop of an aging population and declining birth rates, the tension between the guardianship needs of individuals with IDD and the capacity of family-based guardianship is becoming increasingly evident, with some of these individuals even facing the predicament of having no guardianship. Legal persons guardianship, as an important form of organizational guardianship, provides a feasible institutional pathway to alleviate this practical dilemma. However, although the Civil Code of the People’s Republic of China permits the participation of legal persons in guardianship in principle, which lacks detailed supporting regulations, resulting in the underutilization of the system’s potential and limited practical effectiveness. In terms of the specific path to improvement, it is essential to clarify that both for-profit and non-profit legal persons are eligible to serve as guardians, and to systematically regulate the two initiation methods—statutory and voluntary. During the execution of their duties, legal person guardians must strictly adhere to the principle of maximizing the interests of those under guardianship. To mitigate operational risks, it is necessary to establish an oversight mechanism used in the entire operation process, impose penalties according to the severity of any violations, and establish a guardianship exit mechanism, thereby solidifying the protection of the lawful rights and interests of those under guardianship at the institutional level.
- 【文献出处】 残疾人研究 ,Disability Research , 编辑部邮箱 ,2026年01期
- 【分类号】D923;D922.1
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