중국 현행 성년후견제도의 문제 및 입법개정 동향

According to the concept of protection of the rights and interests of seniorcitizens, when senior citizens gradually lose their judgment, choosing aguardian who will protect their rights and interests according to their needis better than judging the degree of their judgment. In order to protect therights and interests of senior citizens, the rule that when relatives servedas guardian should be developed, the rule that relatives must keep in lineif he want to be the guardian should be canceled, the social organization(legal person) should be allowed and encouraged to serve as guardian, andthe administrative department should serve as the guardian when there isno proper guardian. In order to protect the rights and interests of the adultdisability properly, daily supervision mechanism for the guardian should beestablished. It’s necessary to find a supervisor for each adult disability whois taken care of by a guardian to supervise the guardian. Because onlythrough the procedure of notarization can the contract concerning toguardianship be formed, it’s must be sure that the guardian is capable tofulfill his duty before the beginning of the guardianship.