On Consummating The Adult Guardianship System Of China

Adult guardianship system is an important civil law system, the goal of which is to protect the legitimate rights and interests of adults in special circumstances. Since the twentieth century, under the new influence of international human rights concept, many countries of civil law system or common law system have reformed the native adult guardianship system and built a flexible, elastic and easy-to-use system. Our country's legislation on adult guardianship has been only found in few regulations from General Principle of The Civil Law with humble content, strong principle and poor practicability. In actual life, however, there are a large number of adults with mental disorder or handicapped and the elderly mistreated. It is immediately significant for improvement of adult guardianship system especially for elderly care to solve various social questions due to the insufficiency of capacity for civil acts because of mental handicap or aging. On consummating of adult guardianship system will do something good for both individual benefits and social interests, such as protecting the legitimate rights and interests of mental disorders, safeguarding the remaining years'life of the elderly, promoting family harmony, maintaining social transaction security and stability and so on.This paper which is based on those understanding about international human rights protection, domestic and international status of the adult guardianship system and the aging in our country, discusses the deficiency of our country's adult guardianship system and makes optimization recommendations and specific institutional arrangements for the perfection of our country's adult guardianship system by a comparative study on adult guardianship of civil law system and common law system, and some research methods such as comparative analysis, literature research, sociological research methods, semantic analysis and so on. Three parts contribute to this paper, and they are as follows.The first part is a summary of adult guardianship system and relevant issues.This section outlines the concept of guardianship. And the nature and the function of guardianship system and the historical development of adult guardianship system are discoursed, especially for the determination of the concept of adult guardianship system, where adult guardianship system is an obstacle to the personal interests of adults, property rights and other rights monitoring and protection, and sets civil law system for the agency to civil activities.The second part is to discuss the need for the consummation of adult guardianship system. In our country,it has been more and more serious that there are so many old people whose size grows fast very much, the number of old mental disorders for aging becomes more and more larger,and social aging is severe because of the weakness for function of family parents supporting, meanwhile, there are so many defects for legislation on adult guardianship, including old legislation concept, humble legislation technique and seriously inadequate concrete content that personal rights, property rights and other interests of adult mental disorders cannot been protected roundly, so it is necessary to establish well-established adult guardianship system.The third part which is the main chapter of this paper consummates the adult guardianship system in our country, makes recommendations to improve our country's adult guardianship system and makes concrete arrangements. The deficiency of capacity of will is justifiable basis of adult guardianship legislation. The inevitable law limitations provide the inevitability for adult guardianship legislation. And autonomy of will of civil law puts forward principled requirements on the reform of adult guardianship system. Particularly,it is necessary for our country's adult guardianship system to achieve these goals:the scope of the persons under guardianship is expanded, legal guardianship is divided into two levels including guardianship and protection, and casual guardianship based on effectiveness first is set; specialized guardianship institutions are newly established, guardian's responsibilities are detailed, guardian's right of claiming rewards based on the compensation principle, and supervisors of guardianship are added; the organ of power for guardianship includes courts, the areas such as the public power being penetrated into adult guardianship system are reformed and improved deeply. The new international human right idea including"the normalization of life"and"the respect to self-determination"should be combined with our national situation, so a flexible and workable guardianship system can be set on the Relatives in the Civil Law to provide multi-angle and all-round protection for adult handicapped persons.