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Study On The Research Into Adult Guardianship System

Posted on:2009-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y S SunFull Text:PDF
GTID:2166360272974878Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an important civil legal system, adult guardianship system, as opposed to minor custody system, is an old private system which has been essential to civil law system since the emergence of Roman Law. 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 guardedness, thus establishing a modern guardianship system with the sufficiently respecting the rights of the gaudiness at its core. Our country see mainly concerning the legislation of adult guardianship in the general rule of civil law, is but more limited than the style self of general rule and the establishment of general rule social life condition and the limitation of horizontal knowledge, current adult guardianship system is had to face a lot of new phenomenon produce with conform with the law system of international law tendency, melt along with longevity the arrival of society as well as the maintenance obstacle human rights of body and mind the thorough popular feeling of idea, adult guardianship system reform have been imperative, pay attention to their survival condition and their maintenance basic human rights, get personal right protect become the writing purpose of this paper with social steady balance.The article divides six parts. Summary and first part of this paper outlines adult guardianship system, introduced the concept and the historical evolution of adult guardianship system, introduction of the modern adult guardianship system established by the legal basis. The next is adult guardianship system research Study, introduced the civil law and common law of the major countries of the adult guardianship system, and comparative analysis adult guardianship system for Two Schools, and pointed out that the draw the experience for China. Again, on the basis of introducing mainly of content of the adult guardianship system in China, analysis of China's adult guardianship system efficiencies. The fourth part is the necessity that analyze to set up become adult to serve as guardian at our country the system.The fifth part emphasize to put forward the system design that becomes adult the guardianship to the our country speculation, and some detail problems set up in a specific way.Ending of the thesis is the conclusion,the guardianship system is important to perfective our civil law system.is also can improve who need this system can realize their rights.
Keywords/Search Tags:Adult guardianship system, Comparison, Defects
PDF Full Text Request
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