On The Adult Guardianship System Of China

With the changes of the social structure and the arrival of the aging society, China has gradually strengthened protection of the disabled and the elderly. " Disabled Persons Protection Law of The People's Republic of China" and " Older Persons Protection Law of The People's Republic of China " were gradually implemented. The main provisions of China's adult guardianship system were developed in the "Civil Law" of China's planned economy period and the relevant judicial interpretationsof the Supreme People's Court. Existing concrete system and its insisted concepts become more and more deviated from the China's actual situation. This paper primarily interpretated and analysed the laws and regulations in the Civil Law and its judicial interpretation related to the adult guardianship system, analysed the recently legislative reform on the guardianship systems of the major developed countries such as:the United Kingdom, Japan and Germany in order the find the defections of our adult guardianship system. With the reference on the the advanced concepts and related systems, we analysed China's adult guardianship system, got the result of reforming and developing trends of adult guardianship system and proposed the advices for reforming and perfecting China's adult guardianship system.This paper is divided into three parts with a total of about 30,000 words.Partâ… :Overview, this part mainly introduced the concept, nature and content of China's guardianship system, analyzed the systems closely relatedto the guardianship system including the maintenance system, a statutory agency system, restrict or incapacity determined declaration system, commission system and so on, then, we got the connections and differences between guardianship systems and these systems. Then, we logically sort out the guardianship system in China's Civil Code and its judicial interpretation in accordance with the order of the guardian, ward, guardianship supervision in order to better comparing with foreign guardianship system.Partâ…¡:We mainly introuduced the latest provisions on the adult guardianship systems in the developed countries such as the United Kingdom, Japan, Germanyand so on and conducted a comparative analysis. In the late 20th century, the developed countries have carried out the reform of adult guardianship system, especially "the mentally capacity act" adopted in 2005 the United Kingdom further promoted promotion and dissemination of the concepts of guardianship. The concepts reflected in the guardianship system of the developed countries are more in line with reality. "Respecting the right of self-determination," "normalization ", "the using of legal custody and intended guardianship", full respecting for the meaning capacity of the ward, abolishing the system of depriving the ability and other a series of systems reflect concern on the reality of human rights and are worth of learning and reference for our country.Part III:Developing trends. It come to the development trends of the adult guardianship system based on the understanding of the guardianship system in our country and comparative analysis between the foreign guardianship system. It pointed out the parts that should be uphold and improved in the current stage of China's guardianship system. We should adhere to a reasonable portion of the advanced and promoted parts of China's guardianship system, for the incompatible parts in this times and the development, we should reform and improve by learning the experiences of the developed countries.