Adualt Guardianship System In Germany

According to the UN’s standards to measure aging society, China has entered aging society since 2000, and the worrying situation is this "aging" trend is advancing at a high speed. Seeing the whole world, China is not the only case. How to take care of the disabled adults mainly represented by the elderly, ensure their daily life in normal situation, maintain their legitimate rights and dignity in guardianship has become a new subject for the study of law. The purpose of this paper is, through studying the "adult guardianship system in German", to analyze the content and intrinsic idea, looking forward to inspire the development of China’s adult guardianship system.The first chapter of this paper gives a brief introduction to the concept of guardianship and adult guardianship, emphasizing the role of guardianship system playing in the civil law system. At the same time, it clarifies the relationship between the adult guardianship and the adult guardianship in German law. The adult guardianship system in German began brewing from 1960s. Through the reform to the old system, the adult guardianship system in German announced the birth with "Guardianship Law" came into force formally in 1992. During more than 20 years of implementation, the law has been revised for three times, not only strengthen the application of agency as a precaution, but also saved expenditure. The current adult guardianship system in German is established base on it.The second chapter introduces the basic theory of guardianship system. In order to protect the legitimate rights for the person under guardianship, his or her behavior would be restricted in some extent and scope as in guardianship system regulated. Legal Paternalism from the Anglo-American countries and the principle of proportionality from Germen provide a theoretical basis to construct and imply guardianship behavior. Although both of them are the basic principles of the constitution, administrative law, in the background of modern legal society, both of them are penetrated into various legal departments; especially in the monitoring system with color of public law and social law.The third chapter makes a comprehensive introduction to the intrinsic concept and content of guardianship system from the perspective of substantive law. Firstly, it defines the position in German civil law and the framework of the guardianship system. Then, according to the differences of legal guardianship and voluntary guardianship, the thesis divides guardianship into "guardianship in law" and "agency as a precaution" two parts. As for "guardianship in law" the paper introduces setting guardianship, implement of guardianship responsibilities and guardianship alteration to the time axis. As for "agency as a precaution" the paper focuses on its settings, content and the specificity compared with general agency, and further analyzed the legal nature of agency as a precaution.The conclusion of this paper, based on the history of the formation, theoretical basis, and contents of the guardianship system, analyzed its advantages and disadvantages of the adult guardianship system in German, and objectively gave out evaluations to the system, hoping that China can discard the dross and select the essence in the process of reference and benefit for our country’s legal system construction on adult guardianship.