| With the development of China’s economy and society,the aging of population and empty nest of family are increasingly serious,and the traditional supporting and guardianship mode for the aged dominated by family affection cannot meet the practical needs of the elderly.Based on these,self-determined guardian system has been written into Elder-care Law and General Rules of the Civil Law in succession.But the regulations are too vague and unworkable to practice.Notary institutions have judicial practice experience and family legal service basis,its participation in self-determined guardianship system can effectively avoid moral risks and conflicts of interest.Therefore,the author thinks that the participation of notary institution in self-determined guardianship system is indeed necessary,and conducts deeper studies on this.In the first part of this paper,comparing with the self-determined guardian system and its historical evolution in the United States,Britain,Germany,Japan and South Korea,the author introduces the concept,key elements and current legislative situation of our country’s self-determined guardianship system.In the second part,combined with the author’s work experience,from both sides of requirements of citizens and advantages of notary institutions,the necessity of the notary institution’s participation in the self-determined guardianship system are analyzed.In the third part,the author introduces that by participating in the signing process of self-determine guardian,notary institutions can provide consultation service and design legal solution in advance,can participate in the review,inform the legal consequences and significance and draft legal documents for the client,and can keep legal documents and publicize them afterwards.In the fourth part,after researching on three different mode of self-determined guardian system in foreign countries,the author concludes that our country can learn it from Japan and establish supervision system of private supervision and public power supervision.The author thinks that as a judiciary with character of public right,the notary public can involve in through handling capital supervision notarization and implementing notary supervisor system.By analyzing and studying the specific legal problems of notary participation in the self-determined guardianship system,the author hopes that this paper can provide reference for the improvement,implementation and promotion of the self-determined guardianship system and new ideas for care and guardian of the elderly. |
