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On The Adult Guardianship Of The United States

Posted on:2011-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:H T SunFull Text:PDF
GTID:2166360305950963Subject:Law
Abstract/Summary:PDF Full Text Request
Adult guardianship system in China is considered as a cutting-edge topic and a new studying area, but this system is quite common in foreign countries and is extremely mature. China is with a large population base and with fast aging, so the situation of fast aging of the population is extremely grim. With the rapid development of economy and society, and the elderly, the related social questions of mental disabilities, physical disabilities and others are very complex, At the same time, the adult guardianship provisions in China's current civil law are lagging behind and be highly abstract. The efficiency of application is extremely low. This situation brought about the unprecedented social impact as well as a test to the state and society. How to deal with aging and the related matters of the incapacitated adults? This situation brings a very serious issue to our legislators and scholars. In order to solve a series of social problems of the aging timely and properly, develop another adult guardianship law which is suitable to China's reality and international standards and do some modest efforts for "Chinese Civil Code", This article describes the reformation of adult guardianship system in the United States and its great achievements. At the same time, it exerts an in-depth analysis of the defects and shortcomings of China's adult guardianship system and designs the corresponding coping strategies in order to reform and improve China's adult guardianship system by studying the success of the reform of adult guardianship system of the United States. The first part previews the adult guardianship system. The concepts of adult guardianship system are introduced at first, and then the U.S. adult guardianship system type and model are introduced. Partâ…¡analyses the reforming developing history of the U.S. adult guardianship system. From the sources and motivation of reforming to the process of reforming and developing, it is truly represent the background and history of the reforming of the U.S. adult guardianship system. Partâ…¢describes a series of advanced system in the current U.S. adult guardianship system. First, the standards of adult guardianship system and the alternative systems to adult guardianship are introduced, then the public and socialization trends of the adult guardianship system in the United States are analyzed, finally, the meaning of reforming and developing of the United States adult guardianship system are assessed in order to explore the way of reforming and developing the adult guardianship system in China. Partâ…£is the author's views of Chinese adult guardianship system and reforming proposals. First the urgency of the reform of China's adult guardianship system is proposed, then China's existing adult guardianship system is analyzed, finally is the author's recommendations for the strategies of reforming China's adult guardianship system in order to create the legal environment for reforming China's adult guardianship system, resolve shortcomings and inadequacies of China's adult guardianship system as soon as possible and develop Chinese adult guardianship law which not only be suitable to the international trends but also reflects Chinese characteristics.
Keywords/Search Tags:adult guardianship, alternatives to guardianship, guardianship criteria, public and socialized, policy
PDF Full Text Request
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