日本任意监护制度对我国的启示

Freewill Guardianship System in Japan and Its Significance to China

任意监护制度是以尊重本人意愿的理念为指导,使本人可与其选定的人预先缔结委托合同,约定将来判断能力衰退时,由受托人处理监护事务。依据我国的委托代理合同,委托人在判断能力衰退时不能控制受托人,这就需要制定任意监护制度予以弥补。对此,在亚洲建立最早且施行十多年的日本任意监护制度对我国有比较好的借鉴意义。

Freewill guardianship system respects a client＇s willingness and allows the client to conclude a contract of authorization with a trustee whom he or she appoints to be responsible for all the affairs when the client＇ judgment declines. As no stipulations have been made in the current authorized contracts executed in China to restrain the trustee when the client＇s judgment declines, freewill guardianship system is definitely needed. It will be helpful to refer to the freewill guardianship system in Japan, which is the first established in Asia and has been implemented for more than ten years.