| The guardianship system is an important civil law system. All the countries in the world establish the guardianship system to protect the benefit of the person with limited capacity for civil conduct. Along with the progress of social civilization, the emergence of the concept of human rights, the traditional ideology of the guardianship can’t adapt to the development of aging society. Therefore many countries expand the tutelaged object scope. The elderly, mild mentally retarded and physically handicapped persons are included in. The aging of the population also gives our country brought many social problems, so how to protect the rights of the aged becomes more and more important. But at present our country is in the aged guardianship system legislation is still in the blank, the guardianship system reform becomes very important.The title of this article is the structure of the aged guardianship system in china. The article is divided into four parts:the first part gives a brief survey of the aged guardianship system. This part introduces the concept of the aged guardianship system, the features of the aged guardianship system, the necessary of establishing the aged guardianship system. The second part introduces the legislation and the reform of the aged guardianship system in the civil law countries and common law system countries, including Germany, France, Japan, Sweden, British and American. According to the legislative philosophy, the content of the guardianship, the mode of the guardianship, we establish our country’s aged guardianship system. The third part analyzes the deficiency of our aged guardianship system, put forward that we should perfect our aged guardianship system. The fourth part demonstrates that how to establish the aged guardianship system, To illustrate three parts, the first part is the legal status of the guardianship system, think will guardianship system in relatives in make up more reasonable. The second part, the system construction... |
PDF Full Text Request