Build Arbitrary Guardianship System In Aging Society Background Of China

Since the Second World War, most counties in the world has entered into the aging society with the economic growing. As a populous country, China faced more severe phenomenon with aging society. In order to solve the problem of the old people, Common law system countries and Civil law countries have issued a new guardianship legislation which added to the arbitrary guardianship based on the legal custody. The arbitrary guardianship is more accord with the advanced human rights such as "respect for the right of self-decision" and the "normalization of life in the maintenance of himself"In this paper, the author analyses the necessity of the arbitrary guardianship from both society current situation and the present legislations. Compare with legal system of Common law system countries and Civil law system countries, the author reference the type of Japanese arbitrary guardianship at last. The author put forwards specific ideas on arbitrary guardianship. It has included three parts:the scope of arbitrary guardianship、the procedure of arbitrary guardianship and the force of arbitrary guardianship.Apart from the introduction and conclusion, the main part consists of five parts.The first part analysis the current situation and the present legislation in China. It discusses the necessity of building arbitrary guardianship system and defines it.The second part compare with Common law system countries and Civil law system countries, included DPA, EPA, German system and Japanese system. Base on the conclusion, the author propose the principle of the arbitrary guardianship system and how to build it.The third part focus on the scope of arbitrary guardianship system included guardian and ward. This part also discuss the connection of legal custody.The forth part divided into four aspects:the conclusion of the contract、the beginning of the arbitrary guardianship、the registration and publicity of the contract and the ending of the arbitrary guardianship. It constructed the whole process of the arbitrary guardianship.The fifth part focus on the force of the arbitrary guardianship, included personal right. In addition, this part built the supervision of the system with two aspects.