Rethinking Of The Chinese Adult Guardianship System And Its Legislative Improvement

Adult guardianship system as part of the guardianship system, has always been one of very important civil law system, it is safeguard capacity lack of adults has played a very important role. After entering the 20 th century, under the influence of the new concept of international human rights, many continental law system and Anglo-American law system countries for their own adult guardianship system to change it to a certain extent, gradually grope and to construct a set of practical stronger, more flexible, legal system to protect the legitimate rights and interests of lack of behavior ability of adults has played a very important role. In our country’s legal system, adult guardianship system and related laws restricted to the "general principles of the civil law" and "general opinions" of a few rules, but also reflects in the actual operation process of the many problems, such as too humble, legislative ideas in legislative technique and the lag, focus too principled, provisions of holes and a series of practical problems unfavorable to the actual operation, there are many loopholes in the legislation on the text of the specification., therefore, the author thinks that, further perfecting the system of our country adult guardianship system, to safeguard the legitimate rights and interests of lack of behavior ability of adults, because of the lack of adult guardianship legislation leads to solving all kinds of social problems, to ensure social stability, has important social significance. In this article through to the United Kingdom, the United States, France, Germany and other countries of the adult guardianship system and modify the content of the part is analyzed, combined with China’s implementation of the status quo, for further consummates our country adult guardianship system related legislative proposals are put forward.This paper will be divided into four parts:The first part: mainly discusses the concept of adult guardianship system, connotation and research significance, and the research status at home and abroad were reviewed and a system of comb.The second part: overseas adult guardianship system legislation comparison: this part of Anglo-American law system and continental law system in terms of adult guardianship system makes an analysis of the several representative countries, pointed out that the deficiency of the legislation in China, it is concluded that these countries in the field of adult guardianship system legislation beneficial place can be used for reference.The third part: our country adult guardianship system development present situation analysis: this part mainly expounds the development of our country adult guardianship system, and points out the deficiency of our country adult guardianship system development.The fourth part: to perfect our legislation system thinking: the part from the legislation system, perfecting the legislation content and so on several aspects to our country adult guardianship system of legislation provides some legislation Suggestions for reference.