The Study On China's Adult Appointed Guardianship

Recently Legislative Affairs Commission of the Standing Committee of the National People's Congress drafted "People's Republic of China Civil Law Principles(Draft)"(Suggestion Recruitment Draft),in which No.32 regulates that "adults with full civil capacity can determine their guardians in writing form after discussion with close relatives and other organizations and persons who are willing to bear the responsibility of guardianship.When the adult has lost or partially lost the capacity for civil conduct,the guardian should bear the responsibility of guardianship." which is a major breakthrough from China's traditional guardianship system and has become a major highlight of "General Principles of Civil Law Draft" of this year.China's "General Principles of Civil Law" is being developed to perfect the provisions of the guardianship system,which is a natural and necessary result.In this article the author has analyzed the deficiencies in the concept and irreplaceable status of adult appointed guardianship system,the system and enlightening of adult appointed guardianship outside China and relative regulations about adult appointed guardianship of the "General Principles of Civil Law" in China,and put forward concrete measures in the last part of the article about the adult guardianship system which is being developed in China's"Civil Law".The innovation of this paper is no longer based on the previous "Civil Law"perspective,but on a detailed discussion about the principles of adult guardianship according to "Opinion Recruitment Manuscripts of Civil Law Principles Draft".The author intends to propose suggestions to perfect the adult guardianship system in China by borrowing precious ideas,to emphasize respect for adult guardianship autonomy,and also to attach importance to the supervision of the use of public power under guardianship.Finally,the author had put forward specific measures to solve these problems.