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Adult Guardianship System Research In Taiwan

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z X XuFull Text:PDF
GTID:2256330398988901Subject:Law
Abstract/Summary:PDF Full Text Request
In the rapid development of economy and society, our country has entered the aging society, at the same time, also faces a series of problems related to the reform of adult guardianship system. As a Taiwan with our party and social development more mature Chinese regions, the modified new adult guardianship system, largely conform to the trend of reform, the adult guardianship system to strengthen the adult to protect incapacitated social demand, therefore, the adult guardianship system in Taiwan region is more worthy of our learning and using for reference, compared with other countries is also operable larger. In addition, the adult guardianship system reform is not merely a legal problem, but is caused by a country’s political, economic, cultural, traditional and other factors. The result of the research, the thesis, but also lay a foundation for further research, has certain academic research value. The purpose of this research is, through the guardianship system interpretation of the Taiwan area, content and system structure of the monitoring system, based on the mainland at present the reality of social development, construction of China’s future adult guardianship system. Therefore, it has very important theory and practice significance for the adult guardianship system in China established.Objective:with the development of economy and the improvement of health level, behavior and lack of ability of aging adults security issues have become increasingly prominent. The implementation of the family planning policy to delay marriage and age, the traditional family care functions weakening of dilemma, how to establish an effective practical adult guardianship system has become an urgent problem feasible. Taiwan as a development of the Chinese society of more mature, the adult guardianship system in the process of continuous improvement and development of the adult guardianship system of China, the establishment and has positive significance to improve the.The first part:Based on the original Taiwan adult guardianship system described as a starting point. Modified from the Taiwan adult guardianship system background, influence the legislative trend of population aging society in Taiwan and abroad within the adult guardianship system. Analysis of its original interdicted person guardianship system and the shortcomings of the system, and introduces the legislative amendment of the adult guardianship system in Taiwan.The second part:the adult guardianship system in Taiwan area correction, is divided into two parts. The modified content is mainly targeted at the general principles of civil law and the family code, modify the provisions of a total of41, to replace the interdiction of care, new auxiliary system to adult guardianship, strengthen the problem of the lack of capacity of the protection. Features of the show is in the practice motivation and philosophy, system mode, protection mode and the nature of the system in four aspects.The third part:the adult guardianship system in Taiwan and Germany and Japan comparative study. As two of the major civil law countries, Germany and Japan in the early ninety’s of the last century were on the adult guardianship system their reforms and large-scale modifications. By comparing the analysis, and further studies on the adult guardianship system in Taiwan after correction.The fourth part:is the study of trends in China mainland, review and reform. Through the legal guardianship of the review system, and comparison of new and modified Taiwan region, and points out some problems existing in the system. The old system and further analysis of the new system in mainland china.Conclusion:the current adult guardianship system in mainland and Taiwan original interdicted monitoring have many similarities, and population aging speed and scale over Taiwan area. The current adult guardianship system to solve the protection of human rights without aging demand. Greatly in Taiwan, Germany and Japan to the civil law system of adult guardianship amendment is alert and reflection, but also reflects the new trends in the field of the world. For the implementation of the new "senior citizen rights and interests protection law" in the construction of the system and provides valuable experience developing and perfecting.
Keywords/Search Tags:Adult guardianship system in Taiwan, Aging of population, Guardianship system reform, Older people rights and interests protection
PDF Full Text Request
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