Study On Japanese Self-Determined Guardianship System

In order to adapt to the increasingly serious population aging problem in Japan,and conform to the trend of the reform in the field of adult guardianship in the world,Japan began to reform the system of prohibition and quasi prohibition in the field of adult guardianship since the Meiji era at the end of the 20 th century.On December 1,1999,Japan’s 146 th Congress deliberated and approved a new adult guardianship system,including the self-determined guardianship system,and implemented the self-determined guardianship contract law from April 1,2000.The basic idea of the self-determined guardianship system is to respect my right of self-determination.A preson can choose a guardian according to his own will,entrust all or part of my life care,property management and other affairs after the decline or loss of judgment ability to the guardian in advance through the form of the self-determined guardianship contract.In order to ensure the smooth implementation of the contract,he can apply to the court for appointment supervision.This paper mainly introduces the self-determined guardianship system in Japan,and analyzes the current situation of its implementation and the problems exposed in recent years.This paper is divided into five parts:The first part is the legislative background of the self-determined guardianship system in Japan.It mainly discusses the legislative background in detail from the changes of social environment in Japan and the legislative dynamics in foreign countries,and reviews the establishment process of the system in Japan.At the same time,it analyzes the concept,basic concepts and the relationship with legal guardianship of the self-determined guardianship system On the definition,the outline and content of the self-determined guardianship system are clarified.The second part mainly discusses the self-determined guardianship contract in the Japanese voluntary guardianship system,mainly discusses the process of the establishment,registration,effectiveness and termination of the self-determinedguardianship contract according to the sequence of time.The third part discusses the supervision mechanism of the self-determined guardianship in Japan.The supervision mechanism of the self-determined guardianship is a very innovative and characteristic system.It adopts the combination of public power supervision and private supervision.The court selects the guardianship supervisor,and the supervisor implements direct supervision.The court implements indirect supervision through the self-determined guardianship supervisor.The fourth part mainly shows the number of people,the purpose of use and the choice of guardians in the form of tables to discuss the current situation of the implementation of the system in an all-round way,and summarizes the problems in the application of the system in the past 20 years and the solutions proposed by scholars,hoping that more people can understand the system and promote its use.The fifth part sums up the significance of reference from the advantages of the self-determined guardianship system in Japan and the problems in the process of implementation.There are three aspects: making clear the implementation sequence of the self-determined guardianship,taking notarization as the elements of the establishment of the self-determined guardianship contract and establishing the mode of self-determined guardianship supervision combining public power and private power.We hope that the self-determined guardianship system in China can be further developed in the future Perfection.