Guardianship To The Spirit Obstacle In Civil Law

The spirit obstacle because spirit can't from control, the life can't take care of～for oneself to make it become in social minority community very worthy of concern and protective of a community. On the other hand the behavior possibility of some spirit obstacles seriously threatens the life and the property safety of the oneself or others seriously. Therefore pay attention to their existence condition, support their basic human rights, obtain the private power protection and society stable of equilibrium become the problem that lawgiver should consider actively. Period from ancient Rome established to forbid to build a fortune for the spirit obstacle with quasi- forbid to build a fortune of announce system as to it's the right take in to inspect with the care, afterward in spite of is mainland method fasten or British and American methods fastened a nation to establish to take the spirit obstacle as to protect one of the objects in succession of the adult serve as guardian system. Our country also basis the spirit obstacle judge ability and control ability of different rule as to it's of guardianship system. But, the guardianship system of the traditional civil law neglected adult at the full of energy is disabled the existence of behavior ability of its remaining, as a result the opportunity for depriving restriction oneself ego decision too, this disadvantage in as to it's oneself the best protection of right. The modern society is notional along with human rights of exaltation citizen personal basic human rights the personality dignity was subjected to the tremendous concern and value, and be protecting the rights of the spirit obstacle to spread out a series of new current of thought. The United States, Germany, France, Japanese etc. nation fixs a method one after another under new influence of the current of thought, serving as guardian system to carry on reform to be advantageous to a maintenance most by attain to the adulthood drive the original intention of the protector.The guardianship of the our country spirit obstacle mainly is rule in the civil law general rule in, but because the general rule establishment limit of the social activities condition and understanding level, the current spirit obstacle serve as guardian the lawmaking principle of the system after, its provision is hard to face many lately phenomenal creations and be in line with international law system of trend, along with support the thorough public of the spirit obstacle human rights idea, the adult serve as guardian the reform of the system has already been going necessarily certainly.This text draws up to divide a four-part cent to take into treatise:A part says all: A part says all: Mainly in brief introduce the concept, classification, characteristic of the spirit obstacle; the concept of the spirit obstacle, distribute, exist the condition; the protective legal theory foundation of the spirit obstacle; special and protective law system, international human rights method of the spirit obstacle right as to it's the standard that protect.The second part: the history review of the spirit obstacle guardianship. Mainly look back the Rome method, Middle Ages, near modern all countries civil law's guardianship system for the spirit obstacle.The third part: Foreign modern concerning the spirit obstacle serve as guardian of the lawmaking reform. Mainly discuss Germany, France, Japanese etc. national concerning the spirit obstacle serve as guardian lawmaking reform of contents. The one who pass to relatively study to discover also argument modern spirit obstacle serves as guardian the development trend of the system with the main characteristics.Four-part cent: our country the spirit obstacle serve as guardian system of blemish and perfect. (A)Our country the spirit obstacle serve as guardian system of history origin and development; (Two) Our current spirit obstacle serve as guardian system of main contents; (Three) The spirit obstacle serve as guardian system of blemish: The spirit obstacle guardianship system exists the lawmaking principle old; Serve as guardian a way in brief, serve as guardian direct not key identically equal shortage; (Four) Reform a perfect suggestion. The problem of aim at the blemish put forward: Want the property of the explicit guardianship first; Go forward to go reform in the law idea, adopt the spirit obstacle to serve as guardian a new principle. Secondly, on the concrete contents: Rescind without the behavior ability and limit the behavior ability to announce system; Establish to serve as guardian system arbitrarily, the type of the perfect guardianship; According to the behavior ability of different establish the guardianship of different layer; Perfect serve as guardian system, the establishment rise to the check and supervision mechanism of the guardian of a minor; Strengthen the intervention of the national civic rights; The spirit obstacle stays in the hospital the personal rights protection of the under medical treatment.