The Research On Self-determined Guardianship

Since the 1960 s, aged population has been growing, and the social activities between traditional family members have been reducing, also the air pollution has been worsening. In this societal background, more and more people's health is being threatened, thus the current guardianship-system under our law, which mostly protects the guardianship-objects of minor groups and the psychotics, cannot satisfy the actual needs of our society nowadays. In the era of the development of new international human right concept which respects human's self-value, highlighting the legislation concept of self-determination right has gradually penetrated into many fields, and therefore, the legislation system nowadays in the field of guardianship-system has made new demands for change. Based on the above reasons, this paper intends to set the existing elderly guardianship system in our country as example, and discuss the issues of improving adult-guardianship-system. In this paper, "Current Societal Status – Necessity of Legislation- Foreign Legislation Reference and Use- Improvement of the Legislation of our Country" is the theme map for my discussion, and its main content includes the followings:The first part elaborates current societal status in China. It exposes the grim societal problem of the aged population by analyzing the current data the proportion of the elderly population, demographic composition, etc., and it leads to the discussion of the theory of guardianship system's overview, which includes the analysis of guardianship, and the comparison study between the legal-guardianship and the voluntary-guardianship.The second part is the study of Voluntary-Guardianship reform of developed countries, which includes the Common Law system's Sustainable system of authority granted ? Permanent system of authority granted, and the Civil Law System's voluntary-guardianship contract system ? The prevention system of authorization. These reforms extend the meaning of Guardianship. Also, the VoluntaryGuardianship under these two law systems has commons and differences, thus it is to be discussed which law system is fitted to be referred to improve our country's Guardianship.The third part is the analysis of the current legislation status in China. It begins with the study of Elderly-Voluntary-Guardianship regulated by the Rights protection law of the people's Republic of elderly, also it refers to voluntary-guardianship contract system in Japan, and provides the feasible suggestions for how to develop from Elderly-Voluntary-Guardianship to Adult-Voluntary-Guardianship.This paper focuses primarily on the studies of the comparison between LegalGuardianship and Voluntary-Guardianship, the legislation status of foreignVoluntary-Guardianship system, the defects of existing Elderly-VoluntaryGuardianship in our country, and the strategies of improving our country's AdultVoluntary-Guardianship. For the reason that Adult-Voluntary-Guardianship is mentioned by the newly revised Rights protection law of the people's Republic of elderly in an early stage, and the specific rules are to be further clarified, the difficulty of my study is the problem of the improvement and the feasibility of AdultVoluntary-Guardianship. Based on the above explanation, I intend to learn from voluntary-guardianship contract system in Japan to improve our country's AdultVoluntary-Guardianship, because it covers the concept of “respect the right of selfdetermined”, which is generally followed by international community, and carries the essence of agency and Guardianship of civil law; in addition, this concept develops the traditional Guardianship system to a new extent, which is the breakthrough for civil law ever.