Research On Adult Guardianship System Of China

In this paper, the focus and difficulties of the study are: analyzing fully the basic concept and nature of monitoring system and adult guardianship system and clarifying the relationship among the right of guardianship, the right of family and other status rights; dissection the development and background of the adult guardianship system in the main two law family;identifying the theoretic basis of adult guardianship system such as the protection of human rights, legal parents, and principle of proportion, private autonomy (self-determination right) and the ideas of normalization; abstracting the general composition and operation mode of adult guardianship system in many countries’legislation example; analyzing deficiencies and problems of our current adult guardianship system and present in the construction of the adult guardianship system fitting China on the basis of balance between reality and theory.The first chapter of this paper first introduces the concept of the guardianship system, thus to clarify the relationship between monitoring system and adult guardianship system and contact, on the origin of adult guardianship system in Roman law, in the origin of the adult guardianship system, as well as civil law scholars to the definition of adult guardianship; Finally talks about the necessity of establishing adult guardianship system in China.The second chapter of this article talks about the present situation of the adult guardianship system abroad, mainly through two major legal systems of relevant countries on the following by and development of adult guardianship system in the continental law system based on Germany, France, Japan, for example, in the Anglo-American law system represented by America and Britain.The third chapter of this article mainly discusses our country adult guardianship system now, because there is no complete system of the adult system in China, but the law of our country also have related to adult guardianship legislation present situation. The adult guardianship system for building reconstruction laid the foundation.The fourth chapter is the author of this article for adult related adult system in our country, because our country’s legislation on the protection of transaction security too, is a big relative autonomy rights for ward some damage, law was largely ignored the guardian’s will.In reconstructing our country adult guardianship system of related problems, first to talk by guardian’s autonomy, set up the conditions of the adult guardianship problem, problem of the program, and then build our country adult guardianship system, and finally the author introduced by guardianship system.