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On The Improvement Of China's Adult Intentional Guardianship System

Posted on:2020-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:X M LinFull Text:PDF
GTID:2416330572470563Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the research on the world population,it can be seen that there is an aging trend,which is more and more obvious,and it also promotes the effective improvement of the awareness of human rights protection.Many countries have also carried out some reforms on the old adult guardianship system,thus the adult voluntary guardianship system emerged.In the early stage,China has made active efforts to formulate relevant laws and regulations on guardianship.However,due to the rapid development of society,there is a certain disconnection between relevant laws and regulations and the society.In the process of studying population aging in China,we should base on our specific national conditions.In terms of legislation,the law on the protection of the rights and interests of the elderly in 2012 clearly defines the voluntary guardianship system,and the general principles of civil law in 2017 positively expands its scope of application,thus effectively confirming the voluntary guardianship system for adults.However,according to the research on article 33 of the general principles of civil law,it can be seen that the stipulated adult voluntary guardianship system cannot be guaranteed by effective operation,which is relatively general and principled.Therefore,it has a certain form,and the purpose of the system cannot be effectively realized.This paper mainly consists of four parts.Apart from the introduction and conclusion,the other parts are as follows:the first part is the elaboration of the relevant basic contents of the voluntary guardianship system,including the value function and legal basis.On this basis,for the following study to expand the discussion.The second part,mainly based on the reality of our country,the specific development of adult voluntary guardianship system and related issues are introduced.Through the study of the law on the protection of the rights and interests of the elderly and the general principles of the civil law,some deficiencies are analyzed.The third part,based on the previous part of the research,clear our country in the implementation of the adult voluntary guardianship system in the process of the problems related to the analysis.In the fourth part,the author puts forward corresponding Suggestions to improve the relevant issues mentioned above,including the contents,conditions,subjects and effects of the adult voluntary guardianship contract,so as to effectively improve the relevant contents of the guardianship supervision system.
Keywords/Search Tags:Adult care, Intentional guardianship contract, Guardianship supervision
PDF Full Text Request
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