The Construction Of Adult Self-determined Guardianship Systern In Law

Guardianship system originated from Roman law. Countries（regions） to set up at the beginning of the guardianship system, is in order to protect the interests and the transaction security of oneself and a third person, the lack of behavior ability can be divided into without person of civil action ability and the limited capacity for civil conduct, set the guardian make a different degree of restriction on their behavior ability and ignore the guardian independent meaning.With the development of the society and the continuous renewal of concept of human rights protection, the pure protection of transaction security, to restrict the freedom of the ward care mode no longer adapt to the demand of the society.Adult self-determined guardianship system is by the independent meaning, on the basis of respect for adults by oneself according to their wishes set guardianship, selected guardian,entrusted guardianship affairs. This system in many countries（regions） have become a mature and relatively perfect adult guardianship system. Various needs of the adult guardianship system by fully considering the guardianship of disability adults, and give them the right to free choice guardianship, also have a system on guardianship supervision rules, guarantee the smooth progress of the guardianship and guardian’s legitimate rights and interests.Earlier due to our guardianship system legislation, the original system can’t meet the demand of social development in our country. Body such as the elderly, the disabled, people with mental disabilities or existing obstacles hearts are increasing, need to enlarge the scope of supervision, to find suitable way of monitoring in our country. Adult self-determined guardianship system can effectively by the solution of the problem under the old monitoring system, so the construction of legal system of our country adult self-determined guardianship by is necessary.This article aims to starting from the practical circumstances in our country, this paper discusses the defects of existing system and to build in accordance with the situation of our country adult guardianship system by. In addition to the introduction of the first chapter, this paper mainly divided into four parts: the first part based on the current legal system in China’s mainland,the research of the existing guardianship system, and find out its shortcomings, as a starting point to discuss in the adult guardianship system by building need to be aware of problems,avoid the same problem again in the new system; And analysis of the related content of adult guardianship by, find suitable content of China’s mainland’s national conditions and learn from; The second part from the real demand of our country, put forward China’s mainland’s aging population is serious, the disabled, adult disability phenomenon is widespread, the social needs of development and change is explained adult guardianship system by building to the protection of the rights of related adults; And put forward the adult guardianship system by theapplicable law; The third part summarized the domestic and foreign typical adult guardianship system, and by including the continental law system represented by Germany, Japan national adult guardianship system and the United Kingdom, the United States by two common law countries the sustainability of the agency system, as well as our country Taiwan area of the adult guardianship system, and draw lessons, to learn from good experience; The fourth part put forward the construction of our country adult guardianship system by the specific idea,starting from the situation of our country, construct the adult guardianship by subject, object,such as the rights and obligations, guardianship supervision legal system content, in an attempt to of our country adult guardianship by certain contributions to the construction of legal system.