The Research Of Our Country Adult Guardianship System

Adult guardianship is an important part of the monitoring system is generally thought that it originated from Roman law. To establish this system is to compensate for no capacity for civil conduct or with limited capacity for civil conduct of adults behavior ability is insufficient, protect their civil rights and interests shall be inviolable, and through the effectiveness of the civil action to decide to them, to maintain the stability of the whole society. Adult guardianship system in our country, the only legislative provisions of the special protection of mental patients, the applicable scope is very narrow. With the development of social economy in our country, the increase of life expectancy, people is higher and higher requirement for quality of life. In many countries, including China, have successively entered the aging society, so the special protection of old people should also cause our attention. At the same time, some disabled adults also because of the inconvenience on the life need the law to give special protection, our country’s legislation on not covered in these groups. In addition, the way of supervision will exist in a single, disregard the guardian, not set special guardianship supervision institutions or guardianship supervisor and other defects are not suitable for the right standard of society. Only rely on the traditional guardianship system to solve the resulting social problems, not comprehensive, effective safeguard the legitimate rights and interests of the elderly and disabled adults, both with advanced concepts, historical tradition, serious disconnect between foreign law, cannot meet the needs of real life, so the adult guardianship system reform is urgently needed in our country, in order to maximize the maintenance of the old people and the basic rights of the disabled, care about their survival situation, and access to social harmony and stability.Adult guardianship system of double attributes of both public law and private law. In the late 20 th century, western countries threatened by the aging of the population, take the lead in the country’s adult guardianship system reform suited to their national conditions. Japan, for example, in an arbitrary guardianship as its core, will be divided into legal custody guardianship, zc, auxiliary three levels; German reinforced for the personal care obligations; Britain and the United States created continuous authority granted system and so on. These countries hope through such reform in order to achieve in a certain extent the negative impact of population aging. Due to historical reasons, our country did not timely reform of the adult guardianship system, it seriously hindered the economic development, social stability and the rule of law progress in our country. Based on the study of the problem of our country adult guardianship, introduces the present situation and the reality of the reform of adult guardianship system in China needs, and through the foreign excellent reform experience, put forward reasonable Suggestions for China’s national conditions.The specific contents of the thesis includes introduction, text and conclusion. The introduction mainly introduced in this paper, the research significance, research status at home and abroad, research ideas and methods, and the emphases and difficulties of this article, the innovation points. The text includes three parts, the first part mainly revolves around the basic concept of adult guardianship system, this paper introduces the properties and characteristics of adult guardianship system; The second part of the general situation of the history of our country adult guardianship system, the present situation and perfect our country adult guardianship system were discussed the necessary; The third part is based on the former two parts of the summary of the proposed consummates our country adult guardianship system thinking, first proposed should follow the basic principles of adult guardianship system, followed by the comparison of the reform of adult guardianship two law systems, put forward a sound system of our country adult guardianship legislation Suggestions. In addition, also need to practice applications provide strong guarantee for the reform of adult guardianship system. The conclusion is a highly generalization of the article. In short, in the process of perfect our country adult guardianship system, both to see our country adult guardianship system compared with western countries there are a lot of gap, also should see at present our country adult guardianship laws and regulations is not sound enough, to process is very difficult to finish the work. Therefore, we must actively learn from other countries reform experience, good to protect the legitimate rights and interests of disadvantaged adults and to maintain the advanced concept such as normalizing ward life as the foundation, according to China’s specific national conditions, choose a fully respected by guardian self-decision-making power legislation pattern to our country adult guardianship system reform effectively.