Research On The Reform Of Adult Guardianship System

China is a typical aging country. Modern adult guardianship system is thenecessary basic legal system for aging society, which is designed to respect andencourage older people to self-reliance, and takes an opportunity to protect theirpersonal and property rights effectively. In this point, the legislation of an effective lawon adult guardianship is more practically significant than perfecting the law on theprotection of the rights and interests of elderly people. The main object of the currentadult guardianship system is a small number of mental patients who need to becontrolled. Many elderly people whose cognitive abilities in the decay process are notbelong to the beneficiaries in this system. Meanwhile, this paper disapproves that theelderly people with dementia in current guardianship system are considered as “mentalpatient”, which is also one of the important reasons for this study of reformation of thelaw on adult guardianship.In this paper, based on the concept, purpose, nature and evolution of guardianshipsystem, current adult guardianship system is surveyed firstly, then two typical moderncountry or region of the adult guardianship system reforms since the1950s and1960sare introduced, including the specific design and common development trend ofmodern adult guardianship system. Thirdly, the defects and the current status of thelegislation of the adult guardianship system are expounded. The social background ofour adult guardianship system in legislation and current social development areanalyzed, and the necessity and feasibility of adult guardianship system reform are putforward. Finally, the conceive for improving our adult guardianship system is proposed,based on the concept of mature care and respect the traditional thinking of the premise of legislation. Meanwhile, welfare of the elderly and social insurance systems aredesigned to ensure the current adult guardianship system feasible.The main purpose of the modern adult guardianship system is to protect theelderly people with dignity and quality life in their later years. In order to meet thepractical needs of an aging society, new concepts of “respect human right” and “keephuman life normalization” are introduced in our existing legal framework, andreference the legal system of the foreign countries, a system of localization of adultguardianship system is trend to introduced and developed.