Study On The Adult Self—Determined Guardianship

The current "General Principles of the Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law")established the self—determined guardianship model of adult guardianship in the chapter of guardianship.Under this model,the person who lack the ability to judge the affair himself decides his own guardian,formulated in the Article Thirty-three.This system was only stipulated in the "Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly"(hereinafter referred to as the "Law on the Protection of the Rights and Interests of the Elderly")before the promulgation of the "General Principles of the Civil Law".However,the object of selecting guardians for peopele who lack the ability to judge the affair himself is limited to the elderly.The self—determined guardianship is now established in the "General Principles of Civil Law".This establishment expands the scope of this object to adults.thus enriching the guardianship model in China and is no longer limited to legal guardianship.It provides adequate protection of interests of people who loses civil capacity.It has to be said that this is a major step forward in China's guardianship and tends to be flexible and arbitrary.However,China's"General Principles of Civil Law" only stipulates this system with the content of Article Thirty-three,whether it can cover the entire content of this system and achieve the legislative purpose of this system?Based on this thinking,this article studies the self—determined guardianship system of adulthood in China,and hopes to provide reference for improving the adult self—determined guardianship system in China.In addition to the conclusions,this article is divided into four parts.The first part is putting forward questions.This part mainly elaborates the background of the topics selected,the current state of the doctrine and the standpoint of this study.It is based on the analysis the reformation of the adult guardianship system in main western countries and the monitoring of adult custody under the impact of ageing.The existing state of affairs is based on the scholars' viewpoints on adult self—determined guardianship.Based on the above background and scholars' viewpoints,which lead to the content of this article on adult self—determined guardianship in China.The second part is about the status of the current law.It mainly analyzes the provisions of the "Law on the Protection of the Rights and Interests of the Elderly" before the promulgation of the "General Principles of the Civil Law" and the contents of the relevant systems,and the draft proposals represented by the three scholars Wang Liming,Yang Lixin,and Liang Huixing that appeared during the legislative process of the "General Principles of Civil Law" and the contents of the "General Principles of Civil Law" finally promulgated to further summarize and summarize the evolution and inadequacies of China's regulations concerning adult self—determined guardianship,specifically elaborates the qualifications of the trustee and the trustee in contracts of adult self—determined guardianship,the establishment of contracts adult self—determined guardianship and the supervision of adult self-determined guardianship this three aspects address the deficiencies in the current adult self—determined guardianship in China.The third part is about the qualification of the trustee and the regulation of contracting.Mainly through combing the provisions of the major Western countries in the two major legal systems concerning the qualification of the trustee and the regulation of contracting of the adult self—determined guardianship system,specifically from the scope of the trustee in defining contracts of adult self—determined guardianship,As well as the criteria for the appointment of trustees,the contracts of adult self—determined guardianship is established in such a way that not only the written form but also the notarization or third person testimony is adopted.The fourth part is about the supervision of adult self—determined supervision.It is mainly to compare the provisions of the three countries of the United States,the United Kingdom,and Japan regarding the monitoring of adult self—determined.The possible mode of supervision of self—determined guardianship in adulthood in China is based on private direct supervision and the indirect supervision of public power supplement,and the specific structure of this model.Finally,it is hoped that the research in this article can contribute a small amount to our country's adult self—determined guardianship system so as to better implement this system and realize the legislative purpose of the system.