Study On Adult Appointed Guardianship System

the adult guardianship system is based on the Roman law. In order to protect their or the third's benefits and mainten the transaction security, all countries take forced protective measures , that is, no matter how much is the left capacity,they are all divided into incapacity and the limited incapacity . Then the courts make a declaration and set guardianship for them to add capacity . No capacity ,they are not be able to participate in the legal acts, and they can not hurt themselves also. In this way ,it can be said to "protect" the people's interests at a certain extent. However, this protection is negative, because it is not enough to protect the "autonomy of participation" ,which is exactly the core of the concept of private autonomy. The declared person are lack of capacity , not right capacity. In order to achieve the equality of the substance of the right ,it is necessary to create conditions to enable them to participate in civil activities. Moreover, this system is highly mechanical, which ignores the left capacity and ignores the wishes of their self-expression, which obeys the modern civil law evalue of freedom and the private autonomy principle. Based this ,major countries in two law systems have declared the abolition of the system . They absorb the "self-determination","normalization" and develop a new adult guardianship system, which reflect that the Adult appointed guardianship system is better than the legal guardianship .With the development of aging society and the people's human rights deep in people's mind, the reform and the shortage of our adult conduct guardianship , we have to reflect our adult guardianship system. After comparing and reflecting,we should not only set the legal adult guardianship system ,but also set the Adult appointed guardianship system.This thesis includes four parts except the preface.Section I distingwishes and defines connotations and extensions of general concepts,and defferences and relationships with other legal systems. Section II provides theoretical justification from the legal level to support and enhance its persuasive theory. Section III further from the practical level compare the Adult appointed guardianship system, and assess their extraction of various countries to set China's Adult appointed guardianship system research. The fourth section reviewing China's adult guardianship system and learning from Section III ,I try to set the initial configuration of the Adult appointed guardianship system.