On The Adult Guardianship System In Japan

The adult guardianship system, together with the related social security system,has become an essential system in market economy countries. It serves as the safetynet for social stability and adjustment for economic development. After a history ofmore than a hundred years in Japan, it has been developed into a relatively completesystem with the cooperating social security system. The new adult guardianship systemin Japan is composed of legal guardianship system formulated by civil law and casualguardianship based on the legislation on casual guardianship contract. The legalguardianship system is classified into three types: guard, custody and aid, according tothe person's judgment, in order to protect and support him. The casual guardianshipsystem is based on a person's predetermination of the assistance he will accept whenhis judgment diminishes.The present adult guardianship system was applied from April, 2000, beforewhich there were interdiction and para-interdiction systems. Whereas the formerinterdiction and para-interdiction systems were criticized by the society since they to alarge extent limited the qualifications after announced, kept registration records, lackedin timeliness for the curator who only enjoyed consent rights, and were hard to utilizewith the long-time procedure. Therefore, in October 1999, modifications were made tothese systems in civil law, and meanwhile Legislation on casual guardianship contractand Legislation on the registration of guardianship were enacted and included in thepresent system.The new adult guardianship system in Japan coordinates the new concept of"respect of self-decision", "flexible application of remained ability" and normalization(a social concept of enabling the disabled to maintain a normal life in families orcertain regions) with the former of protecting oneself, aiming at developing a system(the newly set assisting and requesting guardian system) that is flexible and easy to use.Such forms as interdiction, para-interdiction, incompetence and persons with nocapacity were amended, and registration records and official announcement wereabolished. According to article 858 of civil code in Japan, the implementation of duties suchas adult guardianship is based on the person's will. It also indicates new concepts bystipulating body guardianship as one of the guardian's responsibilities. In Japan's legalreform in 1999, civil law witnessed great amendments and improvements, plenty ofpractical instance were accumulated, and a characteristic adult guardianship systemcame into being, suitable for national conditions. The adult guardianship system inJapan is of great research value both for the establishment and improvement of chinaand other nations.This thesis starts with the basic structure of Japan's adult guardianship system,introduces the concept and development of the system, by specific research andanalysis of legal guardianship, casual guardianship and registration, evaluates thesystem, and finally puts forward some ideas worthwhile for China to learn from, anddesigns the structure as well as detailed contents of such law systems, associating thecurrent situations of adult guardianship laws in china.