The Adult's Voluntary Guardianship System Under The Civil Codification

With the increasing trend of the world's population aging and the concept of international human rights protection updated,countries around the world have carried out reforms of the adult guardianship system,which lead to the advent of the voluntary adult guardianship system.China's population aging problem is more severe,coupled with the current legislative of protecting adults are outmoded,especially lack of both respect for personal decision-making power and attentions over residual capacities,the existing adult guardianship system has been unable to solve the adult physical and mental disabilities' problems of personal care,property management and other issues.Although the provisions of the Law on the Protection of the Rights and Interests of the Elderly have stipulated the provisions of the elderly,but its content is too principled,and the system of it is disordered,and the subject scope is too narrow,meanwhile,it is lack of specific content of the monitoring and also lack of supervision system.Therefore,by the opportunity of compiling our civil codification,it is imperative to construct our country's adult guardian system.Based on the current native social condition,legislation situation and academic point of view in China,this research compared the general principles of civil law and expert recommendation drafts on the voluntary guardianship system,distinguished their applications in different legislation system and made the choices of Civil Code models,the system of voluntary adult guardianship should be set out in the general principles of the Civil Code,and other specific contents should be stipulated in the form of separate rules.And combing with specific and systematic provisions on the adult's voluntary guardianship system by the reference from other countries,this paper specifically rules the subjects,establishment,entry into force and termination of a voluntary guardianship contract;meanwhile,discusses the establishment of adult's voluntary guardianship registration system and supervision system,in order to ensure the protection of the basic human rights of vulnerable groups such as the elderly and the physically or mentally handicapped.