On The Legislative Perfection Of Guardianship System For Adults In China

After World War Ⅱ, peace and development become the theme of the era. The quality ofpeople’s life has been enhanced continuously and the medical health condition has been improvedgradually, therefore, people’s life expectancy rising rapidly. The western developed countries haveentered the aging society, as well as our country completed the shift towards an aging society in2000. It puts forward new challenges to every country which is of great importance to protect thelegitimate rights and interests of the elderly. At the same time, as the international campaign forhuman rights developed unceasingly, the new human rights protection concepts arose, thus thewestern developed countries revised the adult guardianship system with the concept of “respectone’s self-determination” in succession. Since the guardianship system in China mainly focus onthe protection of minors, the protection of adults is insufficient which mainly concerns aboutmental patients, other adults, such as the disabled, Alzheimer’s disease, also need the legislateprotection. In order to cope with the issue, the author compares the Germany and the Japaneseadult guardianship systems, summarizes the legislation differences and similarities between thetwo countries, and uses the experiences of the two countries for references, puts forward his ownviews on the adult guardianship system in China.This thesis contains six parts. The first part is the introduction which includes backgroundinformation, research methods and the current situation of legislation on adult guardianship athome and abroad. The second to the fifth parts are the main body. The sixth part is the conclusionwhich expresses the expectation of the author to the reform of the adult guardianship system in ourcountry. Here is the train of writing thought of the main body.Part1, the conception, characteristics and the origin of adult guardianship system.Part2, the background information of revising the adult guardianship system, such as agingproblem. Meanwhile, the author illustrates the historical development of adult guardianshipsystem elaborately and analyzes the disadvantage of the system in our country.Part3, comparing thoroughly of the current adult guardianship system in German and Japan,exploring the common and uncommon points, such as legislation concept and protection modes.Part4, the significance of consummate the adult guardianship system. On the condition oftaking example of German and Japan, the author puts forward his own view to the reform of theadult guardianship system in our country.