A Reasearch On Self-determined Guardianship System

The Self-determined Guardianship is a type of new Guardianship system,in which a trustor shall give the trustee the power of attorney to entrust the trustee with the power to look after the trustor or provide support during trustor's illness or manage the trustor's financial items when the trustor has partly lost his capacity of discrimination.The Self-determined Guardianship was first founded in Article 33 in General Rules of the Civil Law of the PRC.The article initially defined the necessary elements of the Self-determined Guardianship.However,the author of this dissertation believes that Article 33's definition is too simple to put the new guardianship system into actuall practice and it should be perfected in the Civil Code.With the rapid development of modernization,China has begun to face the challenges of the growing need for guardianship of the old coming from its aging society.The current regulations in the civil law is insufficient for Self-determined guardianship system to live up to its full potential,therefore lies the necessity of further legislation.During which our country should induct nationally-admitted ideas such as Normalizaion and Respect Self Decision to correctly lead the further legislation about the guardianship system.China should take in advanced expierence from foreign countries and construct a self-determined guardianship system which concludes the componets of guardianship and convenience and supervision.The perfection of the system should foucus on the estabilishment of the guardianship and the substance of the attorney and supervison on the trustee.The establishment of the guardianship contract must have court registration.The power of attorney concludes general affair attorney and specific affair attorney.A specific institution can be found to supervise the undertaking of the guardianship.In this way,we should be able to expect the society to become a more harmonious and safe place to live in.