Research On The Trend Of New Adult Guardianship In Public Law

In the mid and late twentieth Century,many countries changed their adult guardianship system,The remarkable characteristic of the adult guardianship system after the reform is the development trend of public law in the adult guardianship system.The new adult guardianship system mainly refers to the protection system of adults with the lack of capacity,compared with the traditional,public power intervention,the more emphasis on the country in the relevant areas of responsibility and role.The concept of adult guardianship is epoch and historical.It is the Unified name of the legal system of guardianship of adults in the international society.Different countries have different names for adult guardianship.Adult guardianship in Germany is known as "Tending System"(Betreuungsrecht),Adult guardianship in Japan is known as" Japan Adult Guardianship System",Adult guardianship system in Anglo-American law system countries is called the Enduring Power of Attorney Act.It is of great significance to pay close attention to the development and changes of the adult guardianship system and to explore the development trend of public law in the new adult guardianship system.First of all,it can guarantee the healthy development of the elderly in the background of the global population aging.Secondly,it can promote the further popularization of the concept of human rights,emphasizing the respect for the dignity of human rights and the right of self-determination.This article is divided into three chapters to explore the development trend of the new adult guardianship system with the method of comparative study.The article points out the three ways of the public power entering into the relation of private law.Through the comparison of the adult guardianship system in China and abroad,the author puts forward some suggestions for the further development of the adult guardianship in China.The first chapter is the basic understanding of the new adult guardianship,including what is the new adult guardianship system,what is the essence of new adult guardianship system,and what is to promote the new adult guardianship system development factors.First of all,for the concept of adult guardianship system,different scholars support the theory is different.The new adult guardianship system mainly refers to the adult guardianship system after the reform in the middle and late 20th century.Compared with the traditional guardianship system,the new adult guardianship system emphasizes the responsibility of the state rather than the relatives.Secondly,the article points out that the essential characteristic of the new adult guardianship system is the development trend of public law in the adult guardianship system.To guarantee the development of the adult guardianship system is the embodiment of the state to fulfill the function of public society.Finally,the article lists the development of the new adult guardianship system is mainly:the aging of the international community,the spread of human rights concepts,the United Nations Convention on the Rights of Persons with Disabilities and other human rights documents.The second chapter mainly introduces that the public power enters the private relations in three ways.The first approach is the way of administrative guardianship.The typical representative agency is The Guardianship and Administration Board of Australia and China's Ministry of Civil Affairs.The Guardianship and Administration Board of Tasmania,Australia,is the executive arm of the Department of justice,which was established under the mental health act of 1963.As an administrative organ,the Ministry of civil affairs of China is the main organ responsible for the operation of the adult guardianship system in china.According to the "general principles of civil law " the provisions of the Ministry of civil affairs plays an important role in the selection of the guardian bear agreed on,and revocation of guardianship etc.The second way is the way of judicial guardianship.It mainly introduces the functions of Family courts in Japan,German courts and British courts.The third way is public guardianship.It mainly introduces the public guardianship system in the United States and the public guardianship system in canada.Public guardianship system in the United States mainly introduces the public guardianship of Florida and the state of Tennessee.The Public Guardianship and Trustee Office is part of the Ontario Department of Justice,which operates under the Victims and Vulnerable Persons Division and has six offices in Ontario.The third chapter revolves around the Chinese adult guardianship system.First of all,from the guardians,guardians,supervisors of the three different perspectives described in China's traditional adult guardianship system deficiencies.Secondly,the article describes the "General Principles of Civil Law " to our adult guardianship system brought about what changes.Finally,the article puts forward some suggestions on the construction of the development trend of public law in the Chinese adult guardianship system.The study of the adult guardianship system in China began in the early twenty-first Century,focusing on the construction of Chinese adult guardianship system in the field of private law.The innovation of this paper lies in breaking through the research scope of the field of parenting and private law,pointing out that the direction of adult guardianship system reform is the public law of the system,and more emphasis on the protection of national public power.The development trend of the new adult guardianship system has realized the transition from family guard to public guardianship,and the transition from family responsibility to state responsibility.