Study Of Adult Guardianship System

Adult guardianship system is a important civil legal system, it passes , protect for lacking self supervise or accommodate maintenance with the adult of self viability, its legal rights and interests offer legal channel for the adult of behavior ability shortcoming to realize civil right . now, foreign guardianship system is carrying out a new transform: in the person field under age, have gotten rid of the right trace of the head of family further, will kiss right development is a kind of is the accommodation right of core with son female best benefit principle; in adult field, begin attention for have been protected everybody the accommodation of body as well as I in the autonomous power to make decisions in daily life, with protect system replace traditional civil law on prohibit treat produce announce system and establishment from with respect quilt fully guardian human rights is the modern guardianship system of core. Our country see mainly concerning the legislation of adult guardianship in the general rule of civil law, is but more limited than the style self of general rule and the establishment of general rule social life condition and the limitation of horizontal knowledge, current adult guardianship system is hard to face a lot of new phenomenons produce with conform with the law system of international law tendency, melt along with longevity the arrival of society as well as the maintenance obstacle human rights of body and mind the thorough popular feeling of idea, adult guardianship system reform have been imperative , pay attention to their survival condition and their maintenance basic human rights, get personal right protect become the writing purpose of this paper with social steady balance.This thesis consists of four parts, about 4,0000 words in total.The first part is on the fundamental theory of the adult guardianship system. The research starts with the historical development of the system, and then demonstrates in detail the trend and features of modern adult guardianship system as follows:(a) Concentrating on common human needs by emphasizing the right of self-decision by the ward and right to maintain a normal life by his "remaining capacity";(b) Changing from traditional guardianship system emphasizing property rights protection into a new guardianship system paying equal attention to personal rights and property rights protection; and(c) Constituting a part of social welfare policy, in unseparated connection with other system of social security and insurance (including medical assistance, nursing, elderly support, etc), and outgrowing a civil law system totally nowadays.The second part is on comparison and analysis of the adult guardianship systems in countries belonging to two major legal families. Through examining and analyzing the adult guardianship legislation in countries such as Germany, Japan, Great Britain, USA, etc. , this part finds that some common features are showed in whether the abolishment of interdiction declaration system in continental legal family, or the development of continuing power of attorney system in the common law family. Such common features are: establishment of the adult guardianship system with optional guardianship as its main, statutory guardianship as its supplement, and personal care and health care as its important part, and strengthen of intervention by public power.The third part is on the main content and the shortcomings of the adult guardianship system of China, in combination with the reform of adult guardianship system abroad. Such shortcomings are pointed out: outdated legislation ideas, nonscientific structure of legislation file, oversimplified provisions, limited scope of subject, simple guardianship methods, imperfect supervision system, and ambiguity in rights and obligations.The fourth part is on the reform and improvement of the adult guardianship system of China. Firstly, legislation ideas should be reformed by establishing new ideas such as " respectingself-decision by the disabled" , "maintaining a normal life of the disabled" , and "sufficient protecting the personal rights of the disabled as the core of the adult guardianship system", by paying enough attention to the source of "remaining capacity" of the disabled, and by regulating the particular needs of the disabled flexibly. Secondly, structure of legislation file should arrange the adult guardianship system into the "Family" part of civil law code, just like that of the continental countries. Thirdly, the particular reforms of the content of adult guardianship system should include: (a) broadening of its applicable scope, (b) establishing and improving optional guardianship system, (c) establishing guardianship of different levels in accordance with the capacity of different subjects, (d) establishing and improving the system of supervision over and restriction to guardians, and (e) concreting the content of a guardianship and clarifying the rights and obligations of a guardian.