The Theory Of Adult Self-determined Guardianship System

Article 33 of the General Rules of the Civil Code elaborate that the adult shall produce a future guardian by means of consultation,which shall be referred to as "adult selfdetermined guardianship".With the increasingly severe aging phenomenon in China,the adult self-determined guardianship system will have a broad applicable space.However,the current adult self-determined guardianship system in our country is only a conceptual and principled provision,and the specific content is still left blank,and has encountered many difficulties in practice.Starting with the definition of the concept of adult self-determined guardianship,this paper makes it clear that it is different from the concept of "voluntary guardianship ",which includes adult self-determined guardianship,so self-determined guardianship belongs to a kind of voluntary guardianship.On this basis,it analyzes the deficiencies of the adult self-determined guardianship system at the legislative level,and discusses there are no detailed provisions in the existing legal regulations on the limitation of the qualifications of guardians in the adult self-determined guardianship,the allocation of human rights and responsibilities of guardianship,the supporting procedures for guardianship,and the guardianship supervision mechanism.Drawing on the legislative provisions of Germany,Japan and Britain and the United States,this article puts forward legislative suggestions to improve the adult guardianship,including: dividing the types of guardians in adult self-determined guardianship into natural persons or other organizations and setting different qualification restrictions;clarifying the rights,obligations and responsibilities of guardians in adult self-determined guardianship,allowing them to enjoy the right of resign and making necessary restrictions on the right of resignation,and encouraging potential guardians to become guardians by reducing the burden of tort alternative liability of guardians;Supporting procedures for establishing an adult self-determined guardianship system,using notarization as a formal element of the establishment of a guardianship agreement,and setting up a registration procedure as an element of confrontation,thereby reducing risks and preventing disputes;establishing supervision mechanism for adult self-determined guardianship to protect the rights and interests of guardians.