Analysis On The Adult Guardianship System In Japan And References To China

The Adult Guardianship System is a private law system throughout capacity for civil conduct, agency and guardianship. It has the function of protecting the psychonosema patients in adults. In our neighbor Japan, the Adult Guardianship System has a history of over one hundred years. And the old former interdiction and para-interdiction systems have shown many problems in the application, such as the ambiguous standard, possibility detraction of personality and neglect of personal interests. In the emendation of Japan Civil Law in 2000, great reforms are brought to Adult Guardianship System and a new system with contents of legal guardianship, casual guardianship and legislation on the registration of guardianship are set up, which is the advanced and impeccable one in the whole world.The highlight of the Adult Guardianship System in Japan firstly is the innovation of legislative concept, which combines the concepts of “respect of self-decision”, “flexible application of remained ability” and normalization with the former of protecting oneself. It can protect the safety of transaction and the human rights of person under guardianship, providing the possibility of living a normal life. Secondly, in the contents of guardianship system, the law discards the manner of dichotomy in old system. Based on a person’s predetermination guard, the legal guardianship system is classified into three types: guard,custody and aid, during which the guard,custody are amended from the old former interdiction and para-interdiction systems. The new aid of adults applies to the person who are slight insufficient in ability of judgment. Casual guardianship system is new in the reform of laws and apply to the occasion when the person has normal spirits and make arrangements for future life in the manner of guardianship contract. The legislation on casual guardianship contract in Japan regulates the time of found and enter into force of casual guardianship contracts, and sets up the forceful guardianship. Moreover, great reforms were brought to the former publication procedure in the Adult Guardianship System and abolish the method of registering the former interdiction and para-interdiction in the census register. And it changes into registering by electronic equipment about the person, the guardian and scope of guardianship.The reason for reforms in the Adult Guardianship System in Japan is to reply to the intensifying progress of astogeny and the protection of human rights. In China we face the similar circumstances that progress of astogeny is intensifying and by 2030 the astogeny in China may be the most serious one. However, the Adult Guardianship System in China is made thirty years ago regulating in the General Rule of Civil Law. The complementary regulates cannot adapt the progress of social development. This thesis analyzes the Adult Guardianship System in Japan and bring use for reference to our Adult Guardianship System in Adult Guardianship System in General Rule of Civil Law.One point we must pay attention to is that Adult Guardianship System in Japan keeps a foothold in Japan’s national conditions. So our system of Adult Guardianship System keeps a foothold in China and we cannot deny it completely. So in the part of legislative suggestion, the thesis presents that we can refer to legal guardianship System in Japan and casual guardianship and publication procedure of guardianship according to our reality. But in applicable targets and selection of guardians, we need to analyze China’s national situation.The Adult Guardianship System has been carried out for over ten years in Japan and the advantages and disadvantages show up. The thesis not only introduce The Adult Guardianship System in Japan but also pay attention to the recent analysis of it, so as to bring positive and negative aspects to reform in China. And we wish a more advanced Adult Guardianship System can be set up when we enact the Civil Law.