Research On Designated Guardianship System For Adults

General Principles of the Civil Law of the People’s Republic of China adopted in 2017,add the new mode of designated guardianship for adults in the guardianship system,which is a major breakthrough in China’s guardianship system.designated guardianship for adults is a guardianship relationship established through guardianship agreement under the principle of autonomy of will,respecting the will of the person under guardianship and the designated guardian.The regulations of designated guardianship system for adults in China’s law are too principle and generalization.The analysis of the designated guardianship system for adults is conducive to clarify the legislative purpose of the system and provide guidance for the formulation of specific rules.This paper starts from the overview of designated guardianship for adults,discusses the birth background,concept,content and principle of designated guardianship for adults.Then it analyzes the current legislation of designated guardianship for adults in China,mainly focusing on the subject of designated guardianship for adults,the agreement of designated guardianship for adults and the effectiveness of designated guardianship for adults.The agreement of designated guardianship for adults is the core of the system of designated guardianship for adults,and all matters related to designated guardianship for adults are agreed in the agreement of designated guardianship for adults.It is of guiding significance for practice to clarify the relevant matters in the agreement of designated guardianship for adults.In addition,the development of foreign legislation can also provide enlightenment and reference for improving the system of designated guardianship for adults in China.Finally,the paper puts forward the shortcomings of the designated guardianship system for adults and provides the perfect measures.It is necessary to get rid of the limitation of behavior ability and alternative decision,replace it with intention ability and assistance decision,and at the same time,establish the supervision on designated guardianship system for adults.