Adult Guardianship System Theory

Adult guardianship system is both an ancient and times with the breath of privatelaw system, experienced in the thousands of years of reform and development,gradually formed the unique theory system. Along with the change of social systemand the change of concept, adult guardianship system is from a purely private lawwith public law to the nature of the social law field. For ages and adult guardianshipsystem theory research of scholars many and some research results has beentransformed into the legal standard in social life has played an important role, but thelimitations of law is that it lag, the change of the social basis and human life form theincreasingly rich, people to adult guardianship system exploration is never havelimits.This paper summarizes the research achievements of it.this, on the basis ofreference of foreign adult guardianship system reform of successful experience, fromfour parts for adult wardship system are discussed.The first part is adult guardianship system to the present. Is mainly to the adultguardianship system development history and basic concept, introduces thedevelopment trend of adult guardianship system was discussed, and analyzes ourcountry to improve adult guardianship system, the necessity and feasibility of adultguardianship system in China for the perfection of the theoretical ready to do.The second part of this paper introduces the foreign adult guardianship system inthe practice of the reform of the achievements of the adult wardship system andlegislative practice the revelation and guidance. The mainland legal system country inadult guardianship system reform has good social effect, by the continental lawsystem in our country legal thought, the influence of the national adult guardianshipsystem people the reform of the system of achievement is worth reference. Commonlaw countries is adult guardianship of the exploration of the adult guardianship systemstudy is a beneficial supplement.The third part of this paper is the adult wardship system analysis of the current situation in China, points out that the current legislation and legal practice of thedeficiency, help the pertinence of the adult wardship system with perfect collation.The adult wardship system deficiency there are four main aspects: concept of the lagof legislation style, not science, solid content too simple, procedural rules lack ofmaneuverability.The fourth part is sorting out and analyzing Chinese and foreign legal scholarand scholars, the outcome of the study and learn from foreign adult guardianshipsystem reform of success is based on the experience of the author for adult wardshipsystem through the analysis of the concept and understanding, according to China’scurrent adult wardship system reform and perfect the shortcoming of the proposal.