Research On Adult Ghardianship System In China

As an important civil law system, the adult guardianship system can be commonly found in the law systems of all countries in the world. Through making complete of the defects of the capacity incompetent adults, the adult guardianship system fulfills the capacity for private rights of those adults. At present, the legislation of adult guardianship system in China is exiguous, and the existing regulations are unsatisfactory, which needs reviewing and reconstruction. As a result, it's necessary to do some study on the extraterritorial adult guardianship system that on one hand to help find out the defects of the existing legislation in China, on the other hand to capture the law of development and trend of the extraterritorial legislation and contribute to the improvement of the adult guardianship system in China. Based on the current studies in China, this thesis makes a further research and tends to improve the adult guardianship system in China through proposing suggestions on the expanding the sphere of the wards, creating the legislative system of intended guardianship, segmenting the types of guardianship measures, standardizing the procedure of guardianship confirmation and addition of rights guarantee measures of the wards, etc.This thesis is made up of three parts:preface, body part and conclusion. The body part includes for chapters. The specific contents are as follows:The preface gives a general review of the necessity and significance of the adult guardianship system to protect the capacity incompetent adults, and further draws out the purpose of the thesis.Chapter one is the summary of the adult guardianship system in China. Firstly, it introduces the concept and characteristics of adult guardianship, then describes the legislative development of the adult guardianship system in China from ancient to the present and the relative provisions in the Civil Law and its judicial interpretation. Tort Liability Law and Mental hygiene Law (Draft), through which sketches the contours of the current situation of the adult guardianship system in China.Chapter two introduces the history of extraterritorial adult guardianship system. First is the introduction of origin of the guardianship system in the Roman Law, second is the legislative changes of adult guardianship system in modern times, and the last is the descant on "respect of Self-decision" and "maintenance of Normalization", of which all the modern countries have reached a consensus. All above offers reference for the legislation of adult guardianship system in China.Chapter three elaborates the major defects of adult guardianship system in China. This part discloses that the sphere of application of the current adult guardianship system in China is too narrow, the content of intended guardianship remains in a legislation vacancy, the legal types of guardianship measures is inadequate, the guardianship confirmation lacks for a due procedure, the current legislation provides insufficient protection of rights guarantee to the wards, and so forth.Chapter four is the suggestions on legislative improvement of adult guardianship system in China. In connection with the defects discussed in Chapter three, this chapter proposes some legislative suggestions on the improvement of adult guardianship system in China.In the conclusion, there is a summary of the research results of the thesis and re-emphasis on the urgency of current adult guardianship system revolution in China.