Research On Arbitrary Guardianship System

In recent years, people’s living standards have improved significantly, but the phenomenon of an aging population is increasingly attracted people’s attention, which has been a hot topic widely. At the same time, there are some groups weakened by intellectual ability and in vegetative state in our society. While such social groups arevery difficult to participate in social life on themselves, they,the subject of civil legal relations, have different levels of capacity remaining, so they should enjoy civil rights.From our current guardianship system perspective, the scope of its protection object is too narrow, not enough to cover all the legal protection of vulnerable individuals.Faced with this situation, the introduction of arbitrary guardianship system to civil law system is necessary. Therefore, this paper introduces the French about "the future implementation of protection" andarbitrary guardianship system commissionin Japan toshow that China canintegrate successful experiment in the two systems.Secondly, the function of arbitrary guardianshipsystem is to respect the guardian of "self-determination" andto maintain guardian’s life as normalization. Compared to the General Obligation Law and Civil Code,the legislative arrangement of arbitraryguardianship s is more appropriate to be included in the Relative Law.Then, the specific guardianship systembased onthe commission contractin China in the future is constructed.Compared with the relevant provisions of the existing system and the commission agent contract, commission contract under arbitrary guardianship has the particular essence.Therefore, the commission contract under guardianship systemshould make special provisions, such as the parties, the content of the contract, overseeing the contract as well as implement of the contract. Finally, under the guardianship perspective, expound the system of capacity.Gradually,the dividing standard of capacitychanges from behaviorist doctrine in the current into meaningdoctrine.The capacity of persons classifies as limited civil capacity with full civilcapacity. This paper uses document research,compared research and experience method. On the basis of comparative analysisand combinedwith the currentsocial situation in China, the essay expounds that our country can constructarbitrary guardianship system which the basic form is the commission contract.