The Legal Guardianship System In Adult Guardianship In Japan

The adult guardianship system has always been an important system in the civil law.The legislative reform on the adult guardianship system is also in the process of continuous progress and innovation.It is based on the expansion and sublimation of the elderly guardianship system.With the intensification of the population aging trend in recent years,the monitoring needs of adults are also expanding.How to improve the adult guardianship system in China has become the object of research by scholars.On October 1,2017,China implemented the new "General Principles of Civil Law"and carried out a series of changes to the adult guardianship system.The most prominent one is to increase the rules of arbitrary guardianship and respect the meaning of the ward to determine freedom.This is in line with the international environment.The measures to safeguard human rights are also a profound consideration of the national conditions in the new era.Study its legislative model and methods,which is similar to the regulations of neighboring Japan on adult custody.Although the legislation has been reformed,there are still many flaws that nee.d to be improved.For example,the General Principles of the Civil Law stipulates that the civil affairs department(government agency),the village committee,and the neighborhood committee(autonomous organization)can act as guardians and exercise the guardian’s rights(on behalf of Managing the personal and property rights of the ward,but because the civil affairs departments and self-governing orga.nizations mostly carry heavy public functions,they are not suitable as professional groups for adult custody,which makes the implementation of the law face the reality of obstruction.In such an environment,in order to actively respond to the current situation of custody in China,it is urgent to break the old concept that the traditional law only regards adult custody as part of the family function,and establish an adult guardianship as a professional guardian group.This article will focus on Japan’s new approach to adult custody-corpora.te custody,thus providing some advice for the improvement of the adult custody system in China.The legal person guardian is the guardian of the legal person,assumes the guardianship duties,and performs the guardianship obligation.The corporate guardianship system plays a pivotal role in the practice of the adult guardianship system in Japan.There are many differences between the guardianship of legal persons and the general guardianship of natural persons.Due to their persistence,extensiveness,professionalism and many other advantages,they are increasingly favored by the na.tionals.This is also the representative of the transition from "family" to "social",and the practice of socialization of the guardianship function.This article will use literature expo and historical analysis as the main research method,through the analysis of the concept and characteristics of Japanese custody legal person,and the more representative NPO guardian legal person,financial institution legal person.Finally,return to the status of China,analyze the background of China’s custody,and explore the current monitoring system.Based on the inadequacies,and on the basis of the Japanese custody legal person system,it analyzes the feasibility of the custody legal person system in China and provides suggestions for perfecting the adult custody system.The development of the adult guardianship system is related to the resolution of the guardianship contradiction under the current aging population.It is hoped that through the study of the guardianship of "corporate guardianship",a new way to distinguish between f’amily custody and government function monitoring will be opened,and the society will be stable.The power of thinness.