Study On Autonomy Will Of Guardianship System From The Perspective Of Notarization

Autonomy Will of Guardianship System,mentioned in the Article 33 of the General Provisions of Civil Law,which is a new way of legal guardianship,aims to meet the growing demands for protecting the rights and interests of the elderly in the process of our aging society.However,the provisions about Autonomy Will of Guardianship System in the General Provisions of Civil Law only stipulate principles or advocacies,and there is no detailed description of the specific content requirements or procedural requirements,the conditions of validation or commencement,or the duties and rights of the guardian(s),etc..In addition,the supporting systems of Autonomy Will of Guardianship System,such as registration and supervision,are not stipulated,which probablely means the original intention of Autonomy Will of Guardianship System can not be realized as much as possible in the practice process.The purpose of this paper is to,on the basis of practice summary and theoretical improvement,and from the perspective of notarization,learn from the advanced experience of other countries in improving the Autonomy Will of Guardianship System,so as to put forward the development direction and improvement path of China’s Autonomy Will of Guardianship System,and,further promote and improve China’s Autonomy Will of Guardianship System by means of notarization.This paper consists of four parts:The first part is an overview of the concept and basic principles of Notarization of Autonomy Will of Guardianship,and by comparing the Autonomy Will of Guardianship Systems of the two legal systems,it provide references for the development of China’s Autonomy Will of Guardianship System.The second part is the analysis of the current status of China’s Autonomy Will of Guardianship System from the perspective of notarization,including the legislative status,practical problems and the advantages of participation of the notarization.The third part explores the problems existing in the practice of notarization in China,mainly including problems in the preliminary examination of notarization,the lack of uniform and standardized guidance for notarization,and the lack of follow-upservices applicable to notarization.The fourth part is the focus of this paper,trying to elaborate the specific ways to improve China’s Autonomy Will of Guardianship System with notarization,mainly including the following contents: First,the early notice and examination before the notarization of Autonomy Will of Guardianship agreement;Second,definitions of the responsibilities,rights and possible civil liabilities of the guardian(s)in the agreement;Third,the deeply extended notary services after the notarization of Autonomy Will of Guardianship agreement,that is,the notary offices act as the registration authorities of Autonomy Will of Guardianship agreement and participate in the supervision of Autonomy Will of Guardianship,in addition,the disposition of the ward’s estate.