Research On Elderly Self-determined Guardianship

Modern guardianship system originated from Roman law, in order to protect himself, the interests of a third person in good faith and maintain transaction security, all countries rules for behavior lack of protection measures. But this kind of protection is negative,"independent participation" for the capacity lack of the protection of, and this is the core of the concept of autonomy of private law. Two big legal systems major countries have abolished the behavior capacity announcement system absorb the respect "self-determination" and "to maintain the normalization of life" new concepts, such as modify and develop the guardianship system.Worth the good news is that, revised in2012in China, the protection of the elderly’s rights, which has laid down by article26of the guardianship system. But there is only the principle rules of law is not enough, both in system and content of the guardianship system in China has many imperfections. This article as a starting point, from countries in the course of a guardianship system formed by seeking experience, combined with the actual situation in our country, in order to offer help to perfect our legislation.This thesis includes six parts except the preface.The first part. This chapter mainly expounds the connotation of monitoring and the elderly by monitoring, and introduces in detail the theoretical basis of the guardianship systemThe second part, the article analyses similar System. This chapter mainly analysis the Similarities and differences with four kinds of similar system.The third part, This chapter mainly state comparative study. This chapter briefly introduces the American and British, Ireland, Japan, Korea, and other countries of the adult guardianship system, and tally up the world revised the development trend of the guardianship system.The fourth part, the basic content of the system. This chapter is the main content of this paper, based on the meaning, the guardian shall monitor the selection and its rights and obligations, monitoring items, and the limitation of the monitor is described in detail, such as contract means constant monitoring system of the basic content.The fifth part, Italy set guarding supervision system. This chapter mainly elaborates meaning set because of the particularity of the guardianship system, need the presence of supervision mechanism.The sixth part, for our country the meaning set guardianship system practice some thinking. This paper mainly discusses our country behavior ability of judgment standard, Italy set full-time guardian establish and build meaning constant monitoring contract registration mechanism and how to perfect the supervision system for the performance of a contract.