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On Adult Guardianship System

Posted on:2006-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:D WuFull Text:PDF
GTID:2166360155976903Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Adult guardianship system is an important civil legal system. Currently, the adult guardianship system in foreign countries has been seeing a new revolution. It has further distanced itself from the old adult guardianship system, substituting the system of interdiction declaration with the system of protection. Many countries have started paying attention to the right for physical assistance and everyday self-decision making of the guardianees, thus establishing a modern guardianship system with the sufficiently respecting the rights of the guadianees at its core.In our country, legislations concerning adult guardianship can be found mainly in the general principles of the civil law. But, limited to the format of the principles itself and to the living condition of the society and the level of understanding at the time, current adult guardianship system can not meet the demands by many new phenomena and follow the trend of the international laws. At the same time, with the approaching of the aged society and people's deeper understanding of the idea of protecting the human rights of the disabled, the reform of adult guardianship system is now imperative. Thus, all of these become the goal of this paper, paying attention to their living conditions, preserving their basic human rights, and balancing the protection of private rights and the stability of the society. The thesis starts with the recent changes and development of the modern adult guardianship system in foreign countries such as French, Germany and Japan, discussing the shortcomings and the improvements needed of the adult guardianship system of our country. As to the current state of adult guardianship system, we should follow the historical tide in the light of specific situation in China, widening the range of the guardianee. There are more sorts of adult guardianship system with more details added such as the adult guardianship according to the guardianee, the establishment of guardianship supervision organs. In this way the adult guardianship system will be further perfected in China.
Keywords/Search Tags:adult guardianship, modern adult guardianship system, personal right, legislative perfection
PDF Full Text Request
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