Research On Adult Guardianship System

As an extremely important civil legal system in the field of private law, it has a close relationship with the happy life of some people, so it has been concerned by all circles of the society. Guardianship system has a long history, its earliest appearance can be traced back to the times of Rome, the first appeared in the law of Rome. "Twelve copper table" in a clear record of the monitoring system, and then countries have continued to absorb and reform the system. Until the second half of the 20 th century, guardianship system of adult guardianship system occurred a qualitative change, from the previous interdiction and quasi interdiction to now intended to guardianship, guardianship, supplemented by the big trend. In the tide of reform, to maintain the normal life, respect for human rights, the greatest degree of respect for the autonomy of the guardian of the meaning of the principle and concept of great glory, has been unanimously endorsed by all countries in the world. It can be said that after the reform, the ban on property or quasi- cut production of this kind of old guardianship model has ceased to exist. Economic base determines superstructure. From the reform in this century, we can see that most of the participating in the reform of the developed countries, such as Germany, France, Britain, Japan and China’s Taiwan region, etc.. And at that time, as China was not developed, the country was not involved. Today, China’s economic development has a certain strength, and we are facing some new situations, which requires us to make reform. 2004 China’s human rights in the constitution. China’s population over 60 years of age and 222 million people, accounted for 16.1% of the total population, an increase of 4.5%; 65 years of age and over population 14386 million people, accounting for 10.5% of the total population, an increase of 4.6%, far exceeding the United National 10% of the standard, according to 2015 National Bureau of statistics released by the operation of the national economy. December 27, 2015, the National People’s Congress voted to amend the case by the population and family planning law, decided to implement the two child policy, the new situation forced the reform of China’s guardianship system. Normative point, the current law of our country does not have adult guardianship system. Although in the "general rules of the civil law" and "law of succession" marriage law "mental health law" the elderly rights and interests protection law "mentioned about adult mental patient monitoring system, but this does not mean that our country adult guardianship system. Therefore, it is imperative to draw on the experience of other countries, and combine with our country’s reality, to establish a perfect socialist adult guardianship system as soon as possible. The author tries to put forward some suggestions, in order to perfect the guardianship system of our country to contribute.