A Study On The Perfection Of Chinese Adults Guardianship System

The guardianship system is an important civil law system established by every country's legislation. The provisions concerned about Chinese present guardianship system are mainly found in "the General Provisions of the Civil Law" and "the Supreme People's Court's Views on the Implementation of the General Provisions of the Civil Law". Because at that time the legislative technology and the social condition were in a particularly historical period, the provisions about the guardianship system were too principled, too generalized, poor of performance, and disconnected with the needs of real life. Most of the provisions focus on protection and supervision of the body and the property of the minors, neglect the importance of adults guardianship, and are not adapted to the social life nowadays. With China's ushering in the 21st century, the continuous increasing of the aged population and the rising of mental patients have grown to become a major social problem, which can be solved not only by the public law mission of the social security and insurance system, while in the private law the perfection of the adults guardianship system is of great significance. In this paper, the analysis of the adults guardianship system is conducted through countries such as France, Germany and Japan, with the hope to give some reference to the legislation of Chinese adults guardianship system.Apart from the preface and the conclusion, the paper is divided into three parts:The first part is on the overview of the adults guardianship system. To make it clear for the study object, the paper summarizes the concept and the nature of the adults guardianship and describes the existing problems and the current situation of Chinese adults guardianship system.The second part is about the analysis of foreign countries' adults guardianship system. The changes and the current specific provisions of countries such as France, Germany and Japan are introduced with the hope to give reference to the legislation of Chinese adults guardianship system.The third part is around the perfection of Chinese adults guardianship system. Through absorption of foreign countries' advanced theories and successful experiences, in light of Chinese legislative status and social realities, and in view of the actual situations, the specific provisions of Chinese adults guardianship system are presented to point out the shortcomings of Chinese current system and put forwards the proposal on the reform and the perfection of Chinese adults guardianship system.