Research On The Perfection Of Adult Self-determined Guardianship System

Article 33 of the General Part of Civil Law complies with the general trend of adult guardianship reforms in the world.This rule draws on the legislative experience of Article 26 of the Elderly Rights and Interests Protection Law.This rule breaks through the original guardianship system of the General Principles of Civil Law.This clause creates a new adult self-determined guardianship system.The new type of guardianship responds to the new issues in the field of guardianship arising from social change.This clause introduces the principle of freedom of contract into the adult guardianship.It fully respects the self-determination of the guardian.This article is a major breakthrough and innovation of the adult guardianship system in the General Part of Civil Law.However,there is a lack of operability in the Article 33 of the General Part of Civil Law.This clause is designed too principled and generalized.In addition,this clause lacks specific rules of the adult self-determined guardianship.This will result in the failure of the intent of the self-determined guardianship.In view of this,this article draws on the successful legislative experience of the adult self-determined guardianship system in comparative law.Furthermore,since the codification of the civil code,many scholars have put forward legislative proposals,and this article has also drawn lessons from it.This paper puts forward some suggestions for the legislative omission of the adult self-determined guardianship system in the General Part of Civil Law.First of all,the contract of self-determined guardianship is the realization form of the adult self-determined guardianship.This clause in the General Part of Civil Law only deals with the written form of the contract of self-determined guardianship.It lacks specific rules for the application of the guardianship contract.In this paper,the establishment and the effectiveness of the guardianship contract are stipulated in two chapters.It includes the parties,contents,formal requirements,effective conditions and termination reasons of the guardianship contract.Secondly,the existing adult guardianship system still lacks the contents of the guardianship supervision.The article discusses the selection rules of the supervisors and the specific supervision matters.Finally,this paper puts forward the applicable rules between adult self-determined guardianship and legal guardianship.