On Establishment Of China’s Voluntarily Nominated Guardianship System

The idea of safeguarding human rights for the elders is being promoted as ageing population increases in our society. China faces increasing pressure to reform in this regard. Meanwhile, lessons from developed countries such as U.K., U.S. and Japan lend us valuable experiences in establishing our own voluntarily nominated guardianship system. Based on comparative study, this paper concludes that it is imperative to establish our own voluntarily nominated guardianship system. We need to construct a voluntarily nominated guardianship system that fits the demand of our society, and corresponds to the principles of our civil law system. This can be seen as a legislative response and adjustment to changing society.This paper consists of4chapters. Chapter1summaries several founding principles of civil guardianship, and preliminarily formed the concept of voluntarily nominated guardianship system. Chapter2focuses on the necessity of establishing voluntarily nominated guardianship system of our own based on social demand and theoretical ground. Chapter3compares related civil system of U.S., U.K., Germany and Japan, discusses their respective pros and cons, which provides experience and perspectives for our own voluntarily nominated guardianship system. Chapter4proposes several issues in establishing our own voluntarily nominated guardianship system. Our current civil guardianship is relatively simple and inflexible, not adequate to deal with the changing and complex society. Therefore, we need to establish an improved voluntarily nominated guardianship system. This paper discusses important issues such as the legal model, design of contractual agreement, implementation procedures of voluntarily nominated guardianship system.