Modify The Arbitrary Adult Guardianship System

The system of guardianship developed from ancient Roman law.Its purpose is protecting the legitimate rights of the ward and the market order.But the subjective will of the ward is difficult to be respected.The traditional guardianship system pays one-sided attention to the order of market transaction.It is difficult to meet the new requirements of the social progress and the development of international human rights doctrine.Adult guardianship system pay more attention to the subjective intention of protection of adults.Countries all over the world try to improve the adult guardianship system.The system can effectively protect the adults lost or partially lost ability.Government power will intervene if necessary.China made laws about guardianship actively in the early stage,but the social development is changing with each passing day,which leads to the disconnection between the present laws on guardianship and society.The traditional guardianship system of our country is becoming more and more unfit for modern requirements.So it is urgent to perfect the arbitrary adult guardianship system in our country.This paper is divided into four parts: in the first part,the author introduces the adult guardianship system,including its meaning,the significance and the necessity of perfecting the system.The second part is analysis of adult self-determined guardianship system in our country.Dissecting its problems and reasons by introducing relevant legal provisions in Elderly Rights Law and General Principles of the Civil Law.The third part is the study of the extraterritorial adult guardianship system,mainly Germany,Japan,Britain and the United States as the main narrative of the system of adult guardianship in these countries to carry out a theoretical analysis.In the last part,the author makes a scientific and systematic assumption of the adult guardianship system in China.By analyzing and summarizing the domestic and foreign experience theory,the author puts forward his own point of view in order to perfect the existing theoretical framework which can serve the society and benefit the people better.