A Research About The Legal Problems Of The Adult Guardianship System In China

With the deepening and enrichment of the concept of human rights protection in the international community,the research on adult guardianship system and adult guardianship concept is also deepening.The Roman law first established the guardianship system.At that time,the main purpose of the adult guardianship system was to maintain the transaction security,but this system also played the role of protecting the adults with defective behavior capacity.The General principles of Civil Law,adopted by the vote on March 15,2017,have modified and perfected the adult guardianship system on the basis of the old guardianship system,so as to construct the framework of the adult guardianship system in our country.The provisions of the general principles of civil law in the adult guardianship system including legal guardianship,guardianship specify the guardianship and custody of the three monitoring mode,which added about adult guardianship content more emphasis on the autonomy of the parties.The general civil law" is affirmed with full civil capacity in the adult's right in accordance with the wishes of their self-selected guardians,and related subjects prior consultation to determine their own days after the guardian,but for the specific operation in the implementation and how to realize guardianship and did not make specific provisions.In practice,with the economic and social development and change,the elderly,the disabled and the increasing number of psychopaths,improvement of adult guardianship system in our country,for the protection of the legitimate rights and interests of the adults,the meaning of respect for freedom of expression,to protect the security of transactions so as to maintain social stability is of great significance and value.In this dissertation,besides the introduction part,the content is divided into four parts: the first part is the analysis and interpretation of the general definition of the adult guardianship system.This dissertation expounds the concept and characteristics of the adult guardianship,comparing the difference and connection between the existing guardianship system and similar systems.The second part mainly elaborates the current adult guardianship system,first of all compared with the relevant provisions of the adult guardianship,analysis of general principles of civil law after the promulgation and implementation of changes of China's adult guardianship system and development,based on the actual situation of social development of adult guardianship system in our country and the problems existing in the defects.The general principles of civil law increased provisions relating to the guardianship on the basis of legal guardianship and the designated guardianship,but still insist on family and personal care is that the traditional legislative idea for the guardian,the provisions of the act " the most conducive to the guardian " "Should be the greatest degree of respect for the real intention is" guardian,but this principle does not reflect the specific provisions for the guardian of the behavior and the problem of supervision,the supervision system of the guardian is still in a passive state,supervision afterwards,is a more general and abstract and supervision;care for care guardianship provisions subject is abstract,no specific provisions on guardianship of the subject.The third part of the adult guardianship system in Japan,Germany and Canada are described and analyzed.This dissertation introduces the three countries in the adult guardianship system after the reform of the specific content,including monitoring idea renewal,monitoring body expand the scope of care is more diverse,more perfect supervision system and so on.The fourth part is to respect the real intention of the guardian based on the requirements of the improvement of the In the process of guardianship system,to respect the legislative idea and the protection of human rights as a guide,update the traditional mode of adult guardianship.Aiming at the deficiency of the current adult guardianship system,guardianship in expanding the scope of object,clear the rights and obligations of the guardian,perfecting the provisions on guardianship,guardianship and supervision aspects of specific norms,put forward to understand suggestions to improve China's adult guardianship system,looking forward to the legislation of our country to build up a set of perfect guardianship system.