Research On Voluntary Guardianship

As an important part of the meaning given guardianship system,adult guardianship system has relevant legislation in the United States,Britain,Germany,Japan and other countries.Currently in the world of adult guardianship system also exhibits intended to set the main legal guardianship guardianship supplemented trends.In recent years,as China entered the aging society and the growing importance of the protection of human rights.Meaning given guardianship system to establish and improve the civil law is very necessary.Constructing meaning given guardianship system should be in line with our social reality,but also with the existing monitoring system will also play its due role in practice.This requires research on this system,we should take the director to do his country,but also to work with the existing monitoring system integration.This paper is divided into five parts,the first part is an overview of the guardianship system,mainly including the concept of guardianship,characteristics,generation and superiority.In the characteristics and the superiority part,it is advantageous to further understand the guardianship system to compare it with the traditional legal guardianship.The second part is about the two legal systems of the guardianship systems for comparative analysis,to understand the existing outside of the guardianship system,and get inspiration.Analyzes the present situation of our country of the guardianship system,that is still in its infancy in our country by monitoring,needs to be improved.The third part and the fourth part is the core part of this paper is intended to set two major components guardianship system:the voluntary guardianship contract and safeguard way.The part of voluntary guardianship contract which is intended to set monitoring contracts,particularly from the nature of the contract,the law applicable,to analyze the parties,rights and obligations,effectiveness and termination terms.The fourth part is through the analysis of relevant security mechanism is intended to set the guardianship system to make this system better able to be applied in practice.The fifth part of the meaning given to build and improve some of the recommendations put forward their own views and guardianship system,hoping to further promote the development of meaning given guardianship system in China.