Research On Adult Guardianship System

With the development of the trend and characteristic of the society, adult guardianship system was amended and perfected all over the world. All these development originates from the changes of the people who need to be protected by the adult guardianship system and the wide acceptance of new concept. The advanced people are increasing. When their spirit organic functions are hurt or crock up because of age, their ability to recognize his behavior will be weakened or lost. Then they can not make a right anticipation and judgment about legal consequence of their behavior. The affair of the advanced people needs help and management and their interests need to be protected. Their remained purpose should be respected. The circumstance of their behavior is special compared with the traditional civil law. The type of the traditional behavioral ability has convenient and explicit merits which overcome the disadvantage of complex procedure, high cost and a lack of maneuverability etc. The legislative technique of the civil behavioral ability which divides natural person according to the standard of age, intelligence development degree and mental status still exists problems. If we make presumption with these standards, it can't be in accord with the fact. Such kind of regulation needs to be thought about carefully. Minors and patients with mental disease according to the traditional civil law are persons without capacity for individual behavior or persons with limited civil behavior ability. It protects the property of the persons with low ability to express themselves. But it didn't make enough contribution about their self-participation. At the same time it didn't make restriction to those persons with ability to express themselves because of the bad addiction and misbehavior. All these will lead to more positive protection of their property and less negative protection. Traditional protection ways pay little attention about the rights of these persons and this problem involves wide attention. Additionally, the policy to the common mental patients is changed. The social concept that the mental patients should live a normal life involves more attention. According to the ideas mentioned, we need more flexible system to deal with it.In the light of the above-mentioned problems, more and more attentions are paid to the adult guardianship system, as a main problem-solving system, to which every country makes series of amendments and accordingly widens the protection range of the adult guardianship system, admitting more people needing help and protection. Among the others, in the successful amendment of Japanese civil law, systems of interdiction declaration and interdiction granting declaration are abolished and the protection contents and ranges are not decided uniformly but flexibly within the necessary range up to the people neglected in the past system through the establishing of some subsidiary systems. Therefore a new system is formed in which self-decision and self-participation are valued and which is on its way to purification into behavioral ability system. From the legislation tendency of every country, they will not overemphasize to categorize the types of behavioral ability deficiency in detail, but pay respects to the residual behavioral ability of the people lacking behavioral ability and protect the interests of the guardians, therefore giving dual attention to the security of the counterparts. In this way, they can make people's behavioral ability condition in the law approach their actual mentality ability, therefore meeting people's need for the respect and protection to their will and interests. And they can break away from the fiction statement that is far different from the actuality and approach the"purified"statement that both conform to each other so that it can be more flexible and complete and avoid the of overtopping and vacancy of the type protection circumstances.These amendments overcome the stiffness of protective types in original civil capability system; change uniform establishment of the system into practicality of individual case investigation, so that it can provides moderate and proper protection for people who have self viability in different types and levels. Adult guardianship system gives proteges indispensable support according to practical situation, and the most important thing is that it doesn't deprive their behavioral ability totally. As an important aspect of this reform, optional guardianship system offers people an opportunity which can be chosen how to supplement the behavioral ability when it is insufficiency in the future. The reforms of these systems revise original theories of civil subject and civil capacity system. Meanwhile, it is also confirmed that law is the reflection of social life which tends to be consistent, and adequate respect to the self power to make decisions of personal affairs.To summarize the results of each country's legislation reform, we can see that Adult guardianship system is to realize the rights protection from internal and external two aspects. First, from the external aspect of Adult guardianship system, that is the external assistance for the ward, in other words, to offer more and flexible choices for angles of guardianship kinds and the scope for choosing the ward so as to realize the demanding for different kinds of talents. At the same time, through the establishment of guardianship mechanism and the protection for wards'interests, which to build up a new type of guardianship method. Second, from Adult guardianship system's inside, that is the angle of t wards'behavioral effects, by means of consideration which to choose behavioral effects, to take the method given the ward and the guardian behavioral effects, to realize the protection for wards'rights and the trading safety under the condition that the ward can live a common life.