Study On Adult Guardianship System In Common Law

Adult guardianship system in China is an important civil legal system, the main targets it protects includes adult who has mental illness and adult who doesn't has full rational ability to identify something, especially the elderly occupy a fairly large proportion. The system protects their legitimate rights and interests by caring and supervising adult who lacks of self-protection and self-care, and provides legal means for the adult who lacks of mental capacity to achieve his civil rights. The system has been implemented in foreign countries over the past century, and as early as the end of the Qing dynasty's reform of the legal system, our country has also provided adult guardianship system. But not only in our country but also in other countries, the adult guardianship system imposed too many restrictions on them and even deprived their capacity, neglected their residual capacity, and can't help to protect adults. As the rise of international thinking of protecting human rights and the integrity of every country's legal system, the Two School countries have modified their adult guardianship systems. The new system absorbs "respecting adult's autonomous decision-making power" and "normalizing their life "concept, pays more attention to their personal care and daily decision-making power. Embodies the advanced legislative trend in 21st century, and will be more conducive to safeguard adult's interests.As the social development in our country, and the increase of ageing population, our country has gradually entered the ageing society. At the same time, because of economic and social pressure, the proportion of persons with mental illness and dementia is also growing. How to properly manage the physically demented elderly and property becomes a pressing issue. It is not only related to the maintenance of the safety of transaction, but also related to the establishment and development of harmonious society in China. Moreover, China's adult guardianship system is simple, poorly workable, and is not conducive to the protection of adult who lacks of capacity. Therefore, we must go with the development trend of international law, concern adult guardianship system and reform it.This thesis consists of four parts, about 35,000 words in total.Partâ… : adult guardianship system's basic theory. The research starts with the concept of adult guardianship system, introduces the history and evolution of adult guardianship system in detail. At the same time, introduces our country's adult guardianship system and the historical development, pointing problems in adult guardianship system in our country and the objective requirements to reform it.Partâ…¡: adult guardianship system in common law. The first part is on the adult guardianship system reform Overview in common law country, to be followed by introduction of the adult guardianship system in the United States, the United Kingdom, Canada, Australia and other countries. Finally, summarizes the characteristics of common law reform of the system of adult guardianship.Partâ…¢: China's adult guardianship system at present. This part introduces the current adult guardianship system in our country in detail. And pointes out that the shortcoming in current system, such as the inadequacies in legislation thinking.Partâ…£: Improvement of adult guardianship system in our country. This part provides following recommendations on China's reform in the system of adult guardianship. 1, updating the legislative concepts of adult guardianship system; 2, expanding the scope of adult guardianship object; 3, establishment of optional guardianship system , respect; 4, provide the selection process of adult guardianship clearly; 5, define adult guardian's qualifications, rights and obligations clearly; 6, the establishment of monitoring and oversight bodies.