A Comparative Study On Adult Statutory Guardianship Systems Of The Two Parts Across The Strait

Mainland China has entered into what the United Nation defines as the aging society. The growing number of the elderly, Alzheimer’s disease patients, the mentally retarded, and physically challenged presents serious problems in adult custody. However, the provisions of the existing adult guardianship system in mainland China is too crude and lack of maneuverability, resulting in many problems in adult guardianship. In order to make the adults of Mainland China, who lack the ability of meaning expressing or judging, live a life like the normal, the adult guardianship system is worthy of exploring as a research subject. The mainland and Chinese Taiwan belong to one China. Though the cultural traditions, social attitudes, family ethics between both sides of the Taiwan Straits are to a certain extent of consistency, by geography, legal traditions, ideology and other factors’influence, there are lots of differences in the legal systems. The adult guardianship system of Mainland China, which is relatively crude and lack of operability, has been difficult to adapt to the development of an aging era. In contrast, the adult guardianship system of Chinese Taiwan is basically consistent with the current world trend of development. Its contents of legislation are complete. Its legislation technology is more scientific. Its operability is also very strong. Therefore, it terms of improving the legislation of Mainland China, the huge reference of adult guardianship system of Chinese Taiwan is self-evident, In this paper, the method of comparative analysis is adopted, based on the current legislative system of the adult guardianship system of the two parts across the Strait. By a Comparative Study of the establishment of legal guardianship of the adult, guardian, guardianship responsibilities, analyzing the pros and cons, this paper grasps the future trend of the adult guardianship system, then provides extra-territorial law experience form proving of adult guardianship systern of Mainland China.This paper, introduction included, has six parts, and in all, there are5.1million words: The first part is introduction, introducing the thesis topics’significance, the research status at home and abroad, the innovativeness of research methods of thesis, as well as shortcomings.The second part describes the legislative history of the adult guardianship system in mainland China and Taiwan. First, it briefly reviews legislation of the adult guardianship system of mainland China (i.e. the monitoring system of the mentally ill person), which is started from Civil Law promulgated in1986. And then it discusses the legislative system, the lack of legislative content of the adult guardianship system. Then the amendments of the general provisions of the Civil Code and the legislative concept of the kinsfolk of the adult guardianship system, the characteristics of the contents of the legislation are briefly discussed.The third part is the comparison study of establishing of adult legal guardianship system between mainland and Chinese Taiwan. This section describes the types established by the legal guardians of cross-strait adults, the establishment of the elements, the effectiveness of established law, and Compares and Review s accordingly from the above three aspects,.The fourth part is the comparative study of adult guardianship system between mainland and Chinese Taiwan. This part examines the adult guardian systems in mainland China and Taiwan, mainly to the guardian in the adult guardianship system, conditions, to refuse any rights and rights of the resignation, compensation claims and guardianship changes and revocations, etc., then comment from the same point with different points.The fifth part is the comparison study of guardian’s duty of adult legal guardianship between mainland and Chinese Taiwan. This part introduces affairs and the responsibility of guardianship of the adult legal guardianship system of cross-strait in order to compare analysis of the two regions in terms of similarities and differences and the advantages and disadvantages of guardianship affairs and the responsibility of guardianship, thus summing up the useful experience.The sixth part is the comparison study of guardian’s termination of adult legal guardianship between mainland and Chinese Taiwan. Comparison and review of the reasons for termination of guardianship and legal consequences following the termination.The last part is the conclusion.