Study On The Appointment Of Guardian In Adult Guardianship System

The proper appointment of guardian is one of the most critical points in adult guardianship system,which aims at guaranteeing the lawful rights and interests of people with no or limited civil capacity.According to media coverage,the situation of guardianship of these vulnerable groups mentioned above is severe.It is reported that a considerable percentage of guardians are not performing their duties well.Some of guardians treat people under guardianship rudely,others even abandon or murder them.Besides,China has entered the aging society in 2000.With the popularization of the theory of human rights,the existing guardianship system cannot adapt to the increasing aging population needs anymore.It is “generalization ” and “respect for the right to self-determination” that should be focused more on taking care of the elderly,while the lawful rights and interests of people under the existing adult guardianship system is not protected deservedly.Therefore,a reform is imperative.This thesis attempts to explore the way to appoint guardians properly and the effective supervision of the exercise of guardianship,in order to reduce the risk that guardians do not perform their obligations or even infringe the rights of people under guardianship.This paper spreads out discussion from three dimensions: the appointment of guardian,appointing standard and the relevant supervision.It mainly adopts the method of comparative and historical analysis,comparing the current legislation of adult guardianship of different countries in two legal system.Based on fundamental realities of China,this thesis advocates applying both statutory and voluntary guardianship system in the appointment of guardian.Besides,relevant notarization examination for the voluntary guardianship need to be established.In terms of appointing standard,“respect for the right to self-determination” and “the best for people under guardianship” shall be accepted.As for the supervision,this paper suggests adopting a mode in which administrative supervision acts as the main body,supplemented with social supervision and guaranteed by judicial supervision ultimately.