On The Juristic Perfection Of Adult Guardianship System In China

As the rapid development of the society,people’s life improves a lot. But accompanied it is rapid increasing elderly people, more and more disabled and physically which lead to an endless social problems. People begin to notice the living condition of those who lack of behavioral capacity and try to protect their basic rights. Because the traditional adult guardianship system cannot meet the rapid development of social needs. Therefor it is necessary to study the problems of traditional adult guardianship system and find out the solutions with the help of other countries’ experience.This paper use qualitative research method, through analyzing Chinese adult guardianship system, then conclude the shortcomings of it. At the same time, according to Chinese social reality and legislative status, coming up with a thought about how to perfect adult guardianship system after a detailed interpretation of the continental law system and Anglo American law system about the adult guardianship system’s success experience.The present thesis consists of six chapters: chapter one mainly expounds current legislation of the continental adult guardianship system, including legislative style and legal rule about guardianship; Chapter two mainly analyze the legislative defects of the continental adult guardianship system, which including legislative concept is backward, legislative system is unscientific and legislative content is imperfect; Chapter three mainly examines the provisions of adult guardianship system of the continental law system countries such as France, Germany and Japan. So does the Anglo-American law system countries such as Britain and the United States. Through the comparison analysis method, multi-angle analysis the adult guardianship system’s successful experience, also the differences and the same points. Chapter four mainly puts forward suggestions about improving adult guardianship system, which including establishment of legislative principle of adult guardianship system by maintaining normalization of life, respect selfdecision, property management and personal care parallel, socializing adult guardianship and so on. And meanwhile, through broadening the trial scope of adult guardianship system, it puts forward the legal idea about adult guardianship system which conforms to the situation of our own country in some respects, including introduction of freewill guardian system to improve the guardianship supervision system, set up different levels of guardianship, establishment of guardianship restriction mechanic, specific stipulation of the content of the adult guardianship, clear definition of guardianship rights and obligations, strengthen the responsibility of the guardian.