A Study On The Perfection Of Chinese Adults Guardianship System

The adult guardianship system was first defined in Roman law, and in the modern sense of the adult guardianship system is on the following basis by Roman law developed. The main purpose of the system is in order to protect their benefits and maintain the transaction security. All countries take forced protective measures, no matter how much the left capacity; they are all divided into incapacity and the limited incapacity. Then the courts make a declaration and set guardianship for them to add capacity. They can not be hurt because they are not be able to participate in the legal acts, which to some extent can be said to be declared protected stakeholder. However, we must admit that such protection is negative. The consequence is that people will be declared completely ruled out legal action in the outside. So we can say, this behavior is neither respected declared people’s mean nor protect the self-declared right to participate. The core of modern private autonomy is respect for human rights, protection of freedom. Obviously, this approach is inconsistent with the concept of modern legislation. The declared person is lack of capacity, not right capacity or meaning capacity. We should not limit their participation in social life, but should try our best to create conditions for them to make them participate in civil activities. In addition, this system is too rigid and inflexible in the provisions. Because this system ignored the people’s left capacity and limited the expression of his self-will. So that does not comply with the civil law value of the pursuit of freedom and the requirements principle of autonomy meant.With the continuous development of the theory of civil law and the changes of actual social situation, many countries have carried out the reform of adult guardianship system. They have abolished the declaration system capacity, at the same time, absorbed the concept of modern legislation. The legislative trend is arbitrary guardianship over legal guardianship.Our country has entered the aging society, the elderly population, has more than10%of the total population, and the number is still growing. Now there are many legal system deficiencies, the actual situation of the society can not be applied, it can not meet the actual needs of the people. Such as the legislation concept is relatively backward, the scope of protection guardianship system is not big enough, given the lack of meaning guardianship, etc.By analyzing the concept of adult guardianship system, rationale, significance, the lessons of other country’s reform and the inadequate of our legal systems, we must improve our adult guardianship system. We should update the legislative concept, expand the scope, establish guardianship system of supervision. A suitable for China’s adult guardianship system should be established as soon as.