Research On Self-determined Guardianship

Since middle of20th century, many developed countries have entered the peak of the development of human rights. As a result of these changes and advances, some ideas such as " normalization " and "respect for self-determination" and "activation of the remaining capacity "have emerged, which set a challenge to the Adult Guardianship system. Adult Guardianship system was formerly established to Protect and care for person who is lack of legal capacity. Along with the aging of population, adult guardianship system can not solve those Problems that elderly men faced, such as physiological decline, health care, and economic security. Many countries reformed their adult guardianship system. As one of the achievement of these reforms, Self-determined Guardianship was established.The first part of this paper introduces the definition and development of the Self-determined Guardianship system, demonstrates the legal concepts and advantages of this system. The second part shows that there are some weaknesses of the adult guardianship system in China, for example, legal norms are too simplistic and single and it is difficult to form a complete and efficient system. So it is necessary and feasible to establish the Self-determined Guardianship system in response to China’s current social problems related and to make up for gaps in the existing system. In the third part of the paper, the author summarizes three typical models from civil law system and common law system to generalize the pros and cons of the self-determined guardianship system. In the last part, the author gives suggestions to improve the adult guardianship in our country from the perspective of the self-determined guardianship system.