Comparative Analysis On The Application Of The Principle Of Autonomy In Guardianship System

The principle of autonomy is one of the most important internationally accepted principles which have gradually broken through the field of contract,the family law to the field of expansion both in the domestic entity or private international law level.From the perspective of contract analysis,the application of the autonomy of will in the relationship of marital relationship and marital property is understandable,and has been widely adopted in the substantive law and private international law legislation.The autonomy of will is expanding to the field of family law.At the same time,there is a growing demand for broad autonomy in guardianship system.From the legislation comparison of the guardianship system applicable to the autonomy of will in the substantive law to the legislative analysis in the international legislation level,this paper discusses the theoretical basis and the inevitable trend of the application of the autonomy of will in the field of guardianship,and analyzes the present situation of the guardianship system,Some Ideas about the Application of the Autonomy of the Will in China’s Guardianship System.The essence of the autonomy of the meaning of traditional substantive law is the freedom of contract,advocating the idea of private autonomy.The autonomy of will has important status both in social context and in legal writings.The central purpose of the law is to empower people to pursue their personal will,and to provide the necessary means to resolve the conflict.Autonomy of the will is one of the important rights a citizen has,and can even be regarded as the origin of all other rights.Lack of meaning autonomy,all our rights will become a dead letter.The principle of autonomous autonomy advocates individual freedom,which is rooted in the "freedom of contract" advocated by the western countries.Family matters as the most obvious manifestation of the individual’s will,the application of autonomy of meaning has more and more legal basis.From a certain perspective,the guardianship relationship is a family relationship;the guardianship area for the meaning of autonomy also has a solid theoretical basis.Guardianship is an important legal system in the theory and practice of civil law.Theoretically,the definition of guardianship is inconsistent in various countries,and the provisions on guardianship in different countries’ civil codes are not the same.It is generally believed that guardianship refers to a system of supervision and protection of persons,property and other lawful rights and interests of people without capacity for civil conduct and persons with limited capacity for civil conduct as prescribed by the Civil Code.Guardianship is,by its very nature,a system of supervision and care for people who lack capacity for behavior.The purpose of establishing guardianship system is to protect the legitimate rights and interests of persons without capacity for civil conduct and those who have limited capacity for civil conduct,so as to maintain the stability of social order.This paper begins with the adult guardianship system and the guardianship system for minors,and analyzes the different provisions of the civil law countries and the common law countries respectively,and discusses the rationality and the inevitable trend of the autonomy of the meaning of the guardianship system.The application of autonomy in the field of adult guardianship is mainly embodied in the adult guardianship system.Adult guardianship system is an example of the application of the principle of party autonomy in adult guardianship system.The continuous agency system in Britain,Japan,Germany and Germany are the representative guardianship system.The provisions of guardianship for adults are also perfect,and the autonomy of the parties is also respected and protected to a certain extent.On the other hand,the application of the autonomy of will in the juvenile guardianship system is mainly embodied in the recognition and execution of the juvenile testamentary guardianship system and the parental guardianship agreement.As to the system of guardianship of minors,the German law and the relevant laws of the United States all stipulate,and at the same time restrict the autonomy of the meaning.The recognition and enforcement of the parental guardianship agreement is still more important than the legislative practice at present,but from the relevant provisions of the American Civil Code and the German Civil Code it can be concluded that the parental guardianship agreement should be recognized and implemented and carried out.From the history and development of the parental guardianship agreement to the theoretical doctrine,this paper demonstrates that the parental guardianship agreement should be recognized and implemented.In the field of international guardianship,this article focuses on the analysis of the relevant provisions in Brussels Regulation Ⅱa and the application of autonomy of will in the field of international guardianship from the aspects of the rules of agreement jurisdiction,the recognition and enforcement of judgments and the application of law in other related treaties But also the trend of the times,should expand the application of the principle of autonomy.The principle of autonomy is rarely applied in international guardianship because of the protection of the rights of the weak.The paper demonstrates that the autonomy can be true through protection of weak.Combined with the status quo of China’s guardianship system,there are many deficiencies in China’s guardianship system,so the reform is also ongoing.The current legislative provisions on guardianship do not apply autonomy,the newly promulgated the "General Principles of Civil Law" added the adult counseling system of minors will guardianship system.This is a major reform of our country’s guardianship system.But there are still some of the provisions,such as the existence of the rules are too simple,poor operability and other issues.In this regard,from the increase in public power supervision,detailed legislative provisions and other aspects of improvement.