Research On Adult Self-determined Guardianship Contract

The adult self-determined guardianship system is stipulated in the General Provisions of the Civil Law of the People’s Republic of China.The contract of the adult self-determined guardianship-the basis and important means for the realization of the system-needs further research and its specific rules need to be further improved.With the aging of the population,the application of adult-determined guardianship contracts in practice is increasing.However,the General Provisions of the Civil Law does not elaborate on the various aspects of the contract,which may lead to problems in the application of adult self-determined guardianship.On the one hand,this might result in the infringement of the rights of the ward who has already entered into the contract and whose will is not fully implemented.On the other hand,it is not conducive to guiding the ward who has not entered into the contract but has the need for guardianship system to solve his own problems.The contract of the adult self-determined guardianship is essentially a commission contract with an effective condition,so the general principles of the Contract Law should be followed on its conclusion.At the same time,the involvement of public authority is required in all aspects of the contract from entry into force to implementation and termination.In their research,scholars continue to expand the scope of application of the adult guardianship system,whether it is reasonable or not;the General Provisions of the Civil Law cancels the guardian’s order limit,but how to choose the guardian through the contract is still not specified;whether the guardian’s rights and obligations are equal,including which ones,the academic circles are still inconclusive;the necessity of notarization in the application of the adult self-determined guardianship contracts needs further research;the "loss of capacity for civil conduct" stipulated in the General Provisions of Civil Law is not the same as the original intention of the guardianship system;When the ward still has guardianship requirements after the termination of the contract,the law does not stipulate how to solve his guardianship problem;the guardianship contract shouldfocus on protecting the rights of the ward in the performance,in addition to the revoked guardianship,a richer guardianship supervision should be constructed.The system should stipulate the conditions for selection and supervision of the guardianship supervisor.In terms of the subject of the contract,the scope of the ward should not be based on “capacity for civil conduct”.The guardian’s selection should be distinguished from the close relative guardian and the social guardian.The relationship between the rights and obligations of the parties contained in the contract shall be clear and specific,fully respecting the autonomy of the parties,and the rights and obligations of the guardians shall be uniform.The validity of the contract shall be in accordance with the formal requirements of notarization,registration or witness,and in terms of substantive requirements,it shall be linked to the abilities of the ward to establish a flexible standard of guardianship;the termination of the contract shall have a clear scope of cause and a system in which the self-determined guardianship and statutory guardianship are applied continuously should be established.In the performance of the adult self-determined guardship contract,it is also necessary to establish a supervision mode based on private supervision and supplemented by public security supervision,and clearly define the selection methods and responsibilities of the guardianship supervisor.The study of the above problems is the inquiry of the specific rules of the adult self-determined guardianship contract,which is conducive to understanding the nature of the adult self-determined guardianship contract,constructing its specific rules,and guiding the people with guardianship requirements to conclude contracts that conform to their own will.At the same time,it is beneficial to protect the rights of both parties to the contract.