The Adult Guardianship System In The Sino-japanese Comparative Study

Adult guardianship is a new topic in our country but has had a long history in abroad. Since 1999, China began to enter the ranks of ageing countries and has become the largest and fastest ageing country in the world. The social impact and the test for social system are unprecedented, how to deal with such ageing is a very serious issue which the Chinese government has faced to. In order to actively cope with the challenge of ageing and be able to make a sound "China Civil Code" which is compatible with the international development, this article studies and introduces the reform of Japanese adult guardianship system and their achievements. At the same time the article compares our adult guardianship system with Japanese adult guardianship system and expects rinding our advantages and shortcomings in this part. The article is divided into four parts. The first part brings up the necessity of my research for adult guardianship system. First the article introduces the concept of guardianship system and some related conceptions, and then through the analysis of the specific situation of China's aging population makes a description of the urgent demand for adult guardianship system. Part II analyzes the reform of Japanese adult guardianship system in 1999. The statutory guardianship system and the arbitrary guardianship system consist of Japanese adult guardianship system and the statutory guardianship is composed with guardianship system, safeguard system and auxiliary systems. Finally the article introduces the significance of the reform of Japanese adult guardianship system and explores the growing expectations of our current population ageing. The third part comparatively studies Chinese and Japanese adult guardianship system. Through comparing the system, the choice of guardians, guardians' guardianship matters and responsibility the article analyzes the advantages and shortcomings of our adult guardianship system. Part IV is the author views and recommendations for our adult guardianship system and the advice for own problems and shortcomings of our adult guardianship legislation which was found in the early parts of the article. I hope that we can quickly settle errors and inadequacies and our adult guardianship system will become the more perfect, better system to protect the needs of the elderly and adults.