A Study On Adult Voluntary Guardianship System

With the continuous development of the world economy and the gradual progress of medical science and technology,the crisis of the aging of the world population has emerged.In addition,since the middle of the 20 th century,the voice of the international human rights movement has become more and more strong,and the protection of human rights for the disabled and the elderly has been put on the agenda.The traditional guardianship system is based on complete guardianship,which deprives the ward of the right to decide independently and cannot meet the needs of the development of human rights society.Multiple factors together constitute the inducement of the reform of the guardianship system,and the two major law countries have gradually embarked on the reform of the guardianship system.China’s Civil Code · General Provisions has made principle and general provisions on willful guardianship system,but the lack of specific detail design leads to low operability,and the application of this system in judicial practice is very rare.Through a comparative study of the two representative legal systems of countries,this paper makes a comprehensive investigation of their institutional structure and detailed design,and puts forward some suggestions,in the hope of being of benefit to the improvement of the adult intentional guardianship system in China.