On The Construction Of The Physical Disabilities’ Curatorship System In China

Physical disabilities are due to a lack of ability to act or means of expression, and can not handle their own affairs in whole or in part of a natural person.Limited by physical barriers exist,many legal acts are not self-practice.Under China’s current legal framework,physical disability compensate for their lack of physical ability only through the agency system.Although physical disability is based on trust to grant the authority to the agent,but,because of physical defects, physical disabilities are not well supervised agent behavior,which can not comprehensive of its interests. Whether it is in the interest of physical disability justice value method,or comparative law perspective,it is necessary to set up special private disability protection systems for the physical disability.According to China’s national conditions,based on the relevant legislation from abroad,that physical disabilities can not been deprived or limited their capacity should become the precondition of the curatorship system.The establishment of such a system must respect the physical disabilities’ autonomous meaning,and utilize its outstanding ability to follow the principles of necessity and complementary and protect the best interests of the physical disabilities.In the implementation of personal,property and legal affairs of the physical disabilities,curators should fully respect the views of physical disabilities,and put physical disabilities to the interests in the first place.Of course,curator of affairs in the implementation process should also enjoy the right of refusal,resignation,remuneration claims and expenses claims.Because as the curator,there are physical disorders may harm interests of the physical disabilities,therefore,it needs to perform curator conduct transactions through oversight or supervision of the supervisory authority,by this way,to ensure the protection of the legitimate rights and interests of physical disability.Based on the changes of physical condition of physical disabilities,curator transaction execution behavior,curator will change or termination will occur.Then the property will be liquidated by he curator,the liquidation of physical disabilities property will give to the physical disability himself or his heirs physical disability or a new curator.