On Intended Guardianship System Of Adult Guardianship

Adult guardianship is the system to complement the ability of judgement for whom is difficult to make a corresponding decision on the legal acts because of the deficiency in the decision, which has been more than a thousand years of history from the Roman law. Affected by the civil law system and the Soviet Union civil law, adult guardianship institution in our country has a strong nature of the duties, which relys on family model and focuses on the transaction security and management of personal and property.In the new century, many developed countries have taken the lead in facing the changes in social structure and social pressure on the aging, as well as entered the peak of the development of human rights. As a result of these changes and advances, some ideas such as "equality" and "respect for self-determination" and "activation of the remaining capacity" have emerged. Then countries have been reforming and perfecting the adult guardianship system ,putting the maintenance of free will,respect for the remaining capacity and creation of equal social order as the highest legislative purpose. Consequently,intended guardianship stepped onto the history stage, which can fully reflect the self-decision power of the person under guardianship。The first two parts of this paper introduces the origin and development of the intended guardianship system, demonstrates the generated background and legal concepts of this system, And summarizes three typical models from civil law system and common law system to generalize the pros and cons of the intended guardianship.Compared to some developed countries, from the perspective of extent of social development, with the rapid economical development and progress in health care, China advance to face the problem of aging society. In fact, China has the most aging population around the world. Moreover,due to the needs of social development,changes in family structure are more obvious,small family models and empty-nest elderly become more and more. Though unbalanced economic and social development brings an unprecedented challenge to social ethics, we access to a more advanced concept of the human rights and the rule of law with the exchanges in the world, which makes an increasingly strong desire to reform. From perspective of system construction, the adult guardianship system in our country has many problems. In addition to backward legislative purpose, there are some other weaknesses, for example, legal norms are too simplistic and single and it is difficult to form a complete and efficient system. The last two parts of the paper describes the function of intended guardianship system in response to China's current social problems related and to make up for gaps in the existing system. Finally, from the perspective of the intended guardianship system, the author gives some suggestions to improve the adult guardianship in our country.