Study Of Adult Guardianship System

The adult guardianship system is a legal system to supervise and protect human body rights and property rights of the adult who are short of judging ability. The adult guardianship system only provides for the care of mental patients in legal norms of our country. This is a very narrow scope. With the development of social and medical technology, people's average life has increased. China has entered an aging society. Therefore, the guardianship of the elderly has become more and more critical. In real life, there can be the physically disabled whose will is freedom, but they can not help themselves. They are in need of special protection in legal. These people who are not classified among the adult guardianship system in law is a legislative inadequacies. With the rise of the concept of human rights, many countries have carried out a wide range of reforms in the old system of adult guardianship. However, because the adult guardianship system in China has serious shortcomings, it did not play its due role in practice. In the present social background with huge variety, it goes necessary to reform the adult guardianship system. With absorbing the reform experience from the nations of the world, the article puts forward the suggestion to rebuild our adult guardianship system.The specific content of the paper consists of six parts, the introduction, conclusion and four chapters. Preface introduces the significance of the adult guardianship system and the topics of the background and so on. The first chapter studies the concept and characteristic of the adult guardianship system. First, the paper defines the concept and extension of guardianship, leading to the concept and characteristic of the adult guardianship system. The adult guardianship system is a protection system that protects the personal and property interests of the incapacity adults. The chapter also describes the scope of the adult guardianship system. In China, the adult guardianship system is only applicable to the mentally ill. However, learning from the reforming experience in national legislation, I think that there can be other people need the protection of the adult guardianship system, for example, intellectual disabilities (mentally handicapped); senior citizens (aged dementia) and other mild intellectual impairment group; physical limitations of the groups (vegetative, critically ill patients and incomplete physiological functions, such as the blind, the deaf and the dumb). In addition, drug addicts and alcoholics, gambler and human waste can join the scope of the adult guardianship system. Second, paper also describes the legal basis of the adult guardianship system, such as legal paternalism, cognitive motivation theory, the necessity and supplement of normalization.The second chapter introduces the provisions for the adult guardianship system in the two legal systems of the major countries and countries in the world on the reform of adult guardianship system background and the specific design of the system since fifties 20th century. Civil law countries such as Germany, Japan and France, for the reform of the adult guardianship system abolish the interdiction system and quasi-interdiction system and respect the right of the self-determination of the adults lacking capacity. The major common law countries such as English and United States have adopted the enduring power of attorney act of common law systems. This system reflect on the respect of the self-judgment of these special adults.The third chapter briefly describes the origins, development and legislative situation of the adult guardianship system and the shortcomings of the adult guardianship system. The lack of the adult guardianship system mainly reflects on legislation on the style and the contents. Basing on the care philosophy and care system of the countries in the world, the forth chapter proposes the reconstruction of the idea of the adult guardianship system and several important issues. Our country can improve the guardianship system from learning the foreign experience.