The Study On Adult Guardianship System In Our Country

The enaction of all legal systems has their own unique social backgrounds,aims and social effects to be achieved.Adult guardianship system is an extension based on the reference of the elderly guardianship system.There are two main purposes: one is to protect the person who is guarded by the guardian from infringement;the other is to manage the property of the person under guardian,for the normal trading behavior of the society and the indirect protection of the interests of the other party.The new guardianship system fully demonstrates the spirit and characteristics of the times.Adult guardianship system can be found in the General Principles of Civil Law.This includes both legal guardianship and designated guardianship,adding intended guardianship.The promulgation and implementation of this law can effectively deal with the problems caused by the aging society and strengthen the protection of the elderly.This not only responds to the needs of the 21 st century,but also embodies the value concept of humanistic care,which is a significant progress of the adult guardianship system in our country.The thesis consists of four parts besides the introduction and conclusion.The first part primarily addresses an overview of the adult guardianship system,including its concept,characteristics,nature,type and the main content of the adult guardianship system in continental law system,Anglo-American law system.The second part focuses on the history and development of the adult guardianship system in our country,namely the content of the adult guardianship in the patriarchal clan system in ancient China,and the developing situation of the adult guardianship system in the modern sense.The third part analyses the organic combination between the adult guardianship system and support system,stating the necessity of support system in the form of data,through the analysis of cases,highlighting the scope of application of support system and its fit of the adult guardianship system.The fourth part focuses on the modern transformation of the adult guardianship system in China.This paper expounds its basic principles to be followed,analyzes its legislation trend and improves its main contents.In the author's opinion,the General Principles of Civil Law has been supplemented and perfected in the adult guardianship system,and the establishment of the intended guardianship system is one of the main highlights of the adult guardianship system.But no system is perfect.Therefore,this article indicates some problems of the adult guardianship system.Meanwhile,I put forward the clearness of guardians' rights,the establishment the rules of custody property of person under guardianship,the enactment of improving the specific rulesof intended guardianship and other relevant suggestions,for meeting a lot of practice demand of the law,which could cause,after implementation.The innovation of this paper is,on the basis of further expanding the scope of person under guardianship,the the adult guardianship system of dualization,namely the guardianship and auxiliary,so as to give the legal rights and interests of person under guardianship more protection.