On The Legislation Of Adult Guardianship System

Adult guardianship system, which is still playing an important role through thousands of years, has been developing along with the changing of social concept and complexity. The prevailing adult guardianship system of China, formed in the1980s, processes historical characteristics in legislative system, legislative concept, and specific system design. After so many years of social change, the system is no longer applicable to adult guardianship requirement in social transformation. The prevailing adult guardianship system of our country has problems of obsolete legislative concept, partial guardianship, and unscientific type setting, all of which demonstrate that the adult guardianship problems are urgent to be solved and the relevant legislation is imperative. Our country shall reply to social requirements in an positive way, coordinate style and update concept of adult guardianship system with open mind to construct the system starting from strengthening public authority, together with comparing and drawing advanced legislation experience of other countries, so as to improve the adult guardianship system of China.The paper consists of four parts:Part one: Introduce adult guardianship system from three aspects of concept, connotation, and feature, based on semantic analysis of adult guardianship. Then this part defines the legal nature of adult guardianship system through doctrines of rights, obligations and responsibilities. Main scope and features of adult guardianship to be discussed in the following part is then determined via the general introduction to adult guardianship system.Part two:Clarify the current legislation status of China’s adult guardianship system and point out major problems of it: obsolete legislative concept, partial guardianship, unscientific type setting, and omission of main content of guardianship. By analyzing the problems, it shall be concluded that the adult guardianship system in China is definite to be reformed. It is the need of the society, of the legislation, and of the internalization of human rights protection.Part three: Introduce the setting method of foreign adult guardianship systems. Clarify the legislation trend of modern adult guardianship system by analyzing those of France, Japan, Germany and many other countries:abolish and amend interdicted and quasi interdicted system, humanize guardianship measures and intervention of public authority to initiate thoughts on China’s adult guardianship system reform through above efforts.Part four: Put forward legislation suggestions on adult guardianship system of China, study on specific problems ranging from theoretical foundation to legislative principle to adult guardianship system. Introduce new concept of combination of legal paternalism, normalization of life and right of self-determination, with principles of necessity and complementarity running through adult guardianship system. Offer feasible legislation suggestions no the basis of type of guardianship and specific content, combining relevant regulations of civil procedure law, as well as introducing arbitrary guardianship system and supervision system regulated in other country’s laws to prevent the abuse of guardianship system.