An Empirical Study Of Adult Guardianship System

The system of adult guardianship originated in Rome's guardianship and protection system.It is an important civil legal system whose purpose is to supervise or care for adults who lack self-protection and independent living ability.The"General Principles of the People's Republic of China on Civil Law" has for the first time included adults in the guardianship,and has added a will guardianship system and an agreement guardianship system.Through comparative analysis of 101 sample cases,this article finds that the adult guardianship system has undergone major changes in the judicial practice since the promulgation of the General Principles of Civil Law,ie expanding the guardian's scope,determining the guardian's order,and respecting the guardian's reality.Will;improve the monitoring of the agreement;provides for the termination of guardianship.At the same time,judging from the judicial practice cases,there is still a lack of guardianship supervision and mechanisms in the adult guardianship system;the connection between protocol guardianship and legal guardianship is not clear;the conflict between spousal support obligations and the new guardian after divorce;two wills Guardian of designated guardianship does not have contradictory deficiencies at the same time.We need to improve supervision and supervision mechanisms;combine strict legal and discretionary arrangements;legislate details,and establish supporting legal administrative regulations and policies.