Research Of Adult Guardianship System

Adult guardianship system is the result that the ancient Roman law satisfy the needs of the whole family, but accompanied by establishment of the individual standard right view and development in the concept of world human rights protection, it is legislated and developmented by every country civil guardianship, and given new meanings and functions, becoming an important part of every country guardianship.Modern adult guardianship system pay more attention to the responsibility of state, through state intervention to obtain a more comprehensive protection.The concept of self-determination is Established, respect the disabilities autonomy, while balance the interests of all care through giving the resignation of guardian and the right to claim compensation.The current "General Principles of Civil Law" and "Opinions of the Supreme People's Court" regard mental patient,including Alzheimers as the protected objects of Adult guardianship in China,has not clearly defined the identification of the criterion of guardian qualification and the right of guardian, fail to recognize the Adult guardianship protection including the physical disabilities, and elderly, and not given the provisions of the guardianship in our country. Those not only make the judicial practice difficult to operate, but also make the function of adult guardianship can not be effectively regulated, the interests of the physical disabilities, and elderly are not effectively protected, those are not conducive to solve the problem of aging society.To explore adult guardianship system will know the lack of custody system in depth, be conducive to the improvement of custody system to better protect the rights of disabilities and to building harmonious society.This paper, more than 35000 words, is divided into four parts.The first part, the introduction of adult guardianship. First of all, the concept of adult guardianship and the distinction compared with other related systems is introduced briefly, and then the production and development of adult guardianship system are expounded in detail.At last the important of adult guardianship system is researched in our country.The second part, the development of modern adult guardianship system. First, the development of two legal adult guardianship is introduced briefly. Then the idea of changing source of the two legal adult guardianship system to is revealed, namely the right to self-determination and normalization of life. The last, the changment of adult guardianship system is described in detail, including the expansion of scope of adult care, adult care setting changes on the four issues.The third part, adult guardianship system and its drawbacks in our existing system. This is divided into two parts, the Legislation and institutional weaknesses are discussed respectively. The main drawback of adult guardianship is seriously lagging behind the concept of human rights protection, have a serious gap between the system design and the reality of Chinese society, and defective contents of the legislation in our existing system.The fourth part, the improvement of adult guardianship system in our country. First, the followed guideline of improvement of adult guardianship system is clarified, starting from Perfection of Adult Guardianship.Then benefit from this, the program of adult guardianship system is improved. The formal of the legislative system is adjusted at first, then guardianship system is improvement specifically from six aspects, such as the expanding the scope of adult protection, improvement of the guardian qualification, addition rights of the resignation of guardian, attention the state responsibility in settings the custody, improvement supervision and recognition of Arbitrary guardianship.