Study On The Adult Guardianship System

With the aging trend of the world population deepening and the concept of international human rights protection updated day by day,various countries in the world have carried out the reform of the adult guardianship system one after another,and the adult determined guardianship system has emerged as the times require.The aging population of our country is more severe,coupled with the backward concept of existing guardianship legislation for the protection of adults,especially the lack of respect for individual autonomy and the importance of residual ability.The existing adult guardianship system lacks measures to solve the problems of personal care and property management faced by the disabled.Although the Law on the Protection of the Rights and interests of the elderly has provided for voluntary guardianship for the elderly,its contents are too principled.Existing system The system is chaotic,the scope of the subject is narrow,the specific content of the determined guardianship is missing,and the supervision system of the determined guardianship is lacking.The new system of adult free guardianship stipulated in the General part of the Civil Code of our country has a great improvement over that stipulated in the Law on the Protection of the Rights and interests of the elderly,but there is still room for further improvement.Reflecting on China's adult guardianship system,the order of application between legal guardianship and legal guardianship is not clear,there exists the difficulty of behavior capacity dominating the determination of custody,the system of rights and responsibilities of both parties is unclear,and there is a lack of supervision procedure guarantee mechanism and so on.Based on the analysis of relevant theories and experiences of extra-territorial adult guardianship and combined with the current situation of China,the author puts forward some suggestions on how to perfect the system of adult determined guardianship in China.This paper is divided into four parts besides the introduction,the first chapter is an overview of the adult guardianship system,to pave the way for the full-text.Chapter one aims at the very concept of guardianship system from the adult meaning of the meaning of the system makes the analysis,by comparing with the related system,further clarify the system boundary.And introduces the background of the adult guardianship system.The second chapter is the extraterritorial adult guardianship system,introduces three typical countries of Germany and Japan's advanced legislative experience.In the third chapter,China's adult guardianship system and defects,analysis of China's adult guardianship system the contents,and points out the existing system The main problem ofThe fourth chapter,the perfection of the adult custody system in China,is aimed at the problems in the third chapter,mainly draw lessons from the advancedlegislative experience of Japan and other countries,and put forward the countermeasures to solve the specific problems.