Research On Adult Guardianship System In China

The promulgation of the general rules of civil law in our country has had a great impact on the adult guardianship system in our country.The modification of the contents of the guardianship system means that the civil legislation in our country faces the call of the society and begins to pay more attention to the contents of adult custody,Autonomy and autonomy of human rights.China's "General Principles of Civil Law" in the adult monitoring of the addition of "adult agreement guard" provisions,but the existing provisions still exist in the lack of: the scope of adult monitoring object is still not part of the need to take appropriate measures to take appropriate measures;The supervision and supervision mechanism is still imperfect;the design of adult agreement monitoring for the main body of the agreement,etc.,is still rough;for the existing provisions of the means of monitoring can learn from the practice of advanced countries in the world legislation,Monitoring mode also need to be further explored.It is imperative that China establish a modern modernguardianship system in the context of the reform of adult guardianship in the world.Based on the academic research achievements of our country at present,this article extensively views the provisions of the Anglo-American law system and the civil law system on adult guardianship,and makes a comparative study on it,and finds out the system of adult guardianship system suitable for China's localization system The For example,the "control" system in German civil legislation,the "ternary model" in Japanese civil legislation and the "continuous agency grant system" in the United States are of great significance.This paper gives a brief discussion on the legal problems and perfecting measures to establish the adult guardianship system in our country.It mainly discusses the development course and research direction of the adult guardianship system in China from the current situation of the guardianship system in our country as the breakthrough point.Through the study of the legislation of adult guardianship between different countries in the common law system and civil law system,we can find inspiration for the establishment and perfection of adult guardianship system in our country.At the same time,it points out that the problems in the adult guardianship system in our country are mainly the limitation of the ability of adult guardianship,the monitoring and supervision mechanism is not perfect,and the discussion on the implementation of adult guardianship agreement and the expansion of Guardianship of the scope of the legislative recommendations.This paper,based on the civil legislation of Germany and Japan,puts forward the legislative idea of the auxiliary guardianship system,and takes the continuous agent of the Anglo-American law system from the perspective of exploring and enriched the mode of guardianship and further enriched and perfecting the guardianship system in our country.The author puts forward the system of trust guardianship of the property of the guardian,and hopes that the trust system should be introduced into the field of adult guardianship,and the lack of guardianship system should be the advantage of trust.