摘要
Abstract
The guardianship of individuals with intellectual disabilities presents an urgent theoretical and practical challenge.Although China's Civil Code provides general provisions regarding public guardianship for individuals with intellectual disabilities,it has not yet established clear guardianship rules.To ensure the orderly and effective public guardianship of individuals with intellectual disabilities,requires optimizing the multidimensional and collaborative mechanism of the Ministry of Civil Affairs and the two local committees.However,due to the complexity of guardianship scenarios and the diversity of guardianship entities,the public guardianship of individuals with intellectual disabilities faces the following limitations:there is the ambiguous entities and the unclear division of responsibilities for the guardianship of individuals with intellectual disabilities;the collaborative efforts among entities within the guardianship network are insufficient,and societal forces are not fully engaged;there is an absence of effective mechanisms to supervise guardians.To address the current limitations in legal provisions and the inadequacies in the multidimensional and collaborative guardianship network,it is necessary to respond to the issues related to the position of the Ministry of Civil Affairs and"two local committees"as guardians within the guardianship network,the legal status of the Ministry of Civil Affairs as a private or public entity,and the hierarchy of consent between the Ministry of Civil Affairs and"two local committees".Furthermore,the guardianship process needs to be optimized,the supervision mechanisms of guardianship need to be improved.关键词
心智障碍者/公职监护/协同监护Key words
individuals with intellectual disabilities/public guardianship/collaborative guardianship
