The Research Of The Adult Guardianship System

Adult guardianship system is a monitoring and protection system which is set for adults suffering from impaired intelligence, mental disorders or oldness when he or she is unable to handle matters.The utmost degree of protection for the vulnerable adult groups, respecting for the right of self-determination, improving their remaining competence and maintaining the normalization of the individual life of adult wards, these new concepts are outcomes of social progress and modern civilization that deeply rooted in the hearts of the people and have become essential elements of adult guardianship legislation for various countries. Adult guardianship system and the relevant legislation has constantly revised and improved in other countries as the population needing for the protection of adult guardianship system increased. At present,China has basically completed the legal migration of guardianship system,but China's legislation about adult guardianship is almost in a blank state, the existing legislation have a lot of shortcomings, such as the unscientific legislative style, the targeted objects are too narrow, the obsolete ideas for guardianship legislation and the missing content.To build China's adult guardianship system, these shortcomings must be considered and compensated.To built up the adult guardianship system itself is to insure the security of social transactions and to achieve a fair, impartial and effective society.From the sociological point of view, adult ward is not just an isolated incident, but has become a major and universal social problem.Regardless of economic or sociological point of view, adult guardianship system is necessary.Whether from the point of costs and benefits of the legislative or from the point of the costs and benefits of the enforcement of law, adult guardianship system is feasible.A good environment for the law civilization and greater civic awareness of the law both enhance the feasibility of adult guardianship system.Adult Arbitrary-Guardianship system is intended to be in accordance with the principle of freedom of contract and based on one's own will to prearrange the guardian for oneself in case his or her judgement competence decay or absence in the future when he or she still has judgement competence.From the political, economic, cultural, legal,successful legislative experiences abroad, and many other aspects, to introduce Adult Arbitrary-Guardianship system in China is practicable. Through the establishment of Adult Arbitrary-Guardianship contracts to determine the scope of the guardian's responsibility, The contract is subject to notary public's notarization and it must under the supervision of the selected supervisor and the of public guardianship authority. Adult Arbitrary-Guardianship take precedence over Adult Statutory-Guardianship.Adult Statutory-Guardianship system takes the necessity and complementarity as the basic principle.We should abolish the type of people without ability by changing the two types to one-the limited capacity people and then use a double standard to divide the limited capacity people according to the adult's judging ability and will ability. According to the ward's capacity to deal with affairs,we can classify the Adult Statutory-Guardianship into the assistant for the adults ,the management for the limited capacity people, the guardianship for the limited capacity people.In a broad sense, Adult Commission Guardianship System is an essential part of the guardianship system,which is intended to be the supplement of the Adult Arbitrary-Guardianship and the Adult Statutory-Guardianship.The guardian entrusted some or all of the guardianship duties to others by entrusting custody contract but the former guardianship does not change.