Research On Arbitrary Guardianship System

With the continued development of society,we have to face more and more social problems.Then the start of the universal two-child policy attracted people's attention on the aging population phenomenon.At the same time,the awareness of international human rights affected us strongly.The public begin to pay more attention to the problems that some groups weakened in intellectual ability want to participate in social activities,to express their own capacity of will and enjoy their other rights,however,the adult guardianship system in our country today include the statutory guardianship and designated guardianship system.Both of them cannot protect all the groups and there are some imperfections in the current system,so the introduction of arbitrary guardianship system is necessary.The first part,introduce the arbitrary guardianship system,including the concept,the characteristics and analyze the difference between the arbitrary guardianship system and other systems,like the entrusted guardianship,the agency system and the legacy-support agreement.The second part start with the current situation and problems of adult guardianship system in our country,then expound the necessity and feasibility of the new system.The next part,introduce the situation of arbitrary guardianship system in other countries and describe the system in England and japan in detail,in order to analyze the inspiration for China's future arbitrary system.The last part will make suggestion for setting up our country's arbitrary guardianship system,and the most important part is the content of arbitrary guardianship,for instance,the arbitrary guardianship contract,the supervision system and the application in our country.Absolutely,in the process of the new legal system,we should think of the special situation of our country,the acceptance of public and so on.The established of the arbitrary is based on the idea of self-determination.This new system is meet the needs of legal system innovation policy in our country,it will match up with the current statutory guardianship system and integrate the whole adult guardianship system in our country.it also will shock the concept of deep-set familyism and clannism,then the public will survey the requirements of their own and consider their human rights seriously.The most important significance of the arbitrary guardianship is provide a new effective system for the group who need guardian,but no the trusty one in law.This will be favorable to the formation of a harmonious society.