Discussion About The Supersede Application Of Trust On Property Management In Adult Guardianship

Aging of the population is becoming a severe challenge for our country and causing unignorable guardianship problem.It’s an urgent need to build an innovative and well-established guardianship system under this background.Because of the rapid economic growth and the one-child policy,our country is entering the aging society.Our family structures shift dramatically.One child needs to look after two or even four elders.The elder-care burden is extremely heavy for the younger generation.Psychiatric patients’ guardianship is facing the similar situation.Psychiatric patients are hard to receive proper care due to the insufficient ability of the guardian.Generally,our current guardianship system is defective and outdated.Although there is some progress achieved after the publishing of <General Rules of the Civil Law of the People’s Republic of China>,there is still a far way to meet society’s need.Under the current system,guardian takes full responsibility for the ward’s personal and property guardianship.It not only gives guardian burdensome responsibility but also weakens the ward’s ability to protect himself from guardianship been abused.We should consider property guardianship as an independent part of guardianship,not a subsidiary of personal guardianship.We should also focus more on the ward’s will and maintain his life quality like lots of other countries did.I believe our futureguardianship system would involving substantial legal guardian and a majority of appointed guardianship,from full guardianship to part guardianship,value the importance of property guardianship,and build a more efficient alternative system from our current property management system.Under the new world trends,A lot of foreign countries has reformed their the guardianship system.These reforms give us lots of inspirations and experiences.For example,Trusteeship is securer,more flexible and more widely-used.Under guardianship substitution theory,trusteeship could be considered as a new and better alternative to traditional property guardianship.This paper attempt to focus on the Trusteeship’s use in substitute of traditional property guardianship.First,I would briefly introduce the concept and origin of trusteeship,as well as its development in China.Then,I would like to talk about the detail of trusteeship’ advantage and how it fits our current society.Finally,I want to compare the design of guardianship and trusteeship system of several foreign countries and give some of my thought about the model that our country may adopt.