The Revocation Right In The Adult Guardianship

At the very start, this thesis discusses the content restrictedly:the revocation right of adult guardianship system. Different countries have different expressions of "adult guardianship", such as the tending system in Germany, the mental health conservatorship in Japan, the continuous agency system in the USA and UK, and the adult protection system in France. Excluding the effect brought by age, "adult guardianship" in this thesis makes a difference between adult and juvenile rather than giving a name of the relevant laws. What’s more, it uses "guardianship" to refer to the latest similar systems in different countries. The right of rescission that this paper studied is not rescission caused by defects of meaning expression in legal acts of voidable laws, this paper only took "right of rescission" as a breakthrough point to study the effectiveness of behavior of person under guardianship in adult guardianship system, as for the effectiveness of behavior of person under guardianship in different countries it is defined as voidable, invalid or validity to be determined, etc, therefore, besides the right of rescission it may generate right of agreement as well(prior permission, later ratification), however the author thinks that the best rules of effectiveness of behavior of adult under guardianship is voidable, so the author selected "right of rescission" as research subject, and explained the reason for rescission and future development and construction of right of rescission in detail, hereby description.Adult guardianship system, originated in the guardianship and curatorship systems in Rome, aimed at upholding family property and avoiding infringement. However, with the development of private ownership and the emergence of libertarian, private law experienced from status to contract, and adult guardianship system transformed into the protection of the interests of private property gradually. In recent years, the continental legal system (such as Germany and Japan) and the common law system (such as the USA and UK)have modified their adult guardianship system to remove the restrictions brought by old system on freedom, correspond with the protection of human rights and respect the concept of personality. In sum, adult guardianship should be designed differently from juvenile tutelage, since it aims at restoring a rational person in Civil Law. Under this circumstance, how is the validity of different subjects, especially the person under guardianship, in adult guardianship system? What should China do in modifyingthe adult guardianship system?According to the issues above, this paper defined the right of rescission in adult guardianship system, which is both a provision of effectiveness of behavior of adult under guardianship and a provision for protection of adult under guardianship to allow to revoke legal behavior of others, the essence of which is a restriction on its self-determination hidden under protection; The second part explored the present provisions on effectiveness of behavior of person under guardianship in adult guardianship system in different countries, and compared mode of confirmation of effectiveness of behavior of person under guardianship, based on research the author found that at present although the current adult guardianship system of different countries had done some modification from the idea of "normalization", which is not enough, it should be completely "normalized". Under the request of completely normalization reform, the third part expounded the necessity and reasons for right of rescission, on one hand, for identification of effectiveness of behavior of adult under guardianship we should choose the voidable theory, on the other hand, the right of rescission should still be retained; The last two parts discussed the construction of right of rescission in China’s adult guardianship system, the fourth chapter is focused on constructing a theoretical basis for right of rescission in China’s adult guardianship system, including principle of construction and influence of adult guardianship pattern on construction, using case to identify the rationality of means; The fifth chapter is focused on specific content construction of right of rescission, including main body, object, exercise way, consequences,etc of right of rescission.China has entered the aging society.In the particular context of family planning, Shidu families, empty-nesters, one-child families, heavy pension burden, inadequate social security system and insurance system all call for a modification to enlarge the applicable body. Adding legal persons into the legal guardians and arbitrary guardianship into guardianship types all require a more explicit legal system of the behavioral validity of persons under guardianship.This paper aims to contribute to the adult guardianship system. Thank you for your valuable comments and suggestions, which will be a generous help to its improvement.