Studies On The Hague Convention On International Protection Of Adults

For the importance of opening an international cooperationof exhibition to strengthen the protection to the adult,confirming the benefits of the adult, and respecting him or herdignity and personal freedom, the Hague Conference on PrivateInternational law passed the Convention on InternationalProtection of Adults in 2000. The Convention providesprotection to adults who, by reason of an impairment orinsufficiency of their personal faculties, are not in aposition to protect interests, they locate in a country whichis not his or her habitual residence, and the Conventioncoordinates the rift and conflict of jurisdiction, applicablelaw etc which moderates all countries in that realm. At the sametime, strengthens all countries in the internationalcooperation in that realm, the Convention to protect benefitsof the proteges. Our country is one member country of the HagueConference on private international law, we doubtless shoulddeep study the Convention to further perfect our country adultprotection system and provide international protection to theproteges. In the meantime, the Convention is significant,because it filled up the blank of the international legislationon the adult international protective conflict legal systemdegree. Currently the research on the Convention is quitelittle. Therefore, it is necessity to study the convention.This paper consists of six chapters. The first chapterintroduces the origin and history of the Convention. The second chapter elaborates the scope of the Convention. This chapterfalls into four sections. The first section defines the term"adult". The second one analyzes the measures of protectionwhich signatory states can adopt. The third one elaboratedmatters excluded from the scope of Convention. The last onesummarizes the chapter. The third chapter analyzesjurisdiction system in detail. The Convention provides basicjurisdiction, common jurisdiction, complement jurisdictionand jurisdiction in case urgency, this chapter analyzes thebasis of these jurisdictions respectively in detail. Thejurisdiction principle of the Convention is much morecomplicated, so the fifth section of the chapter analyzes themethods that avoid jurisdiction conflict and ensure themaintenance in force of measures taken by the competentauthority. The last one evaluates jurisdiction system. Theforth chapter that analyzes the applicable law system of theConvention. This chapter is divided into five sections. Thefirst section analyzes the general rule in the Convention,namely the authorities of the Contracting States shall applytheir own law. The second section analyzes applicable law underspecial circumstance, namely Where a measure taken in oneContracting State is implemented in another Contracting State,the conditions of its implementation are governed by the lawof that other State. The second section expounds adult choiceapplicable law by using a written form. The forth sectionanalyzes exclusion of renvoi, mandatory law, public policy. Thelast one evaluates the applicable law system of the Convention. The fifth chapter analyzes the recognition, enforcement andcooperation system of the Convention. At last, the sixthchapter analyzes the legislative present situation of Chineseadult international protection system and puts forward aperfect opinion.