Lresearch On Judicial Application Of Adult Guardianship System

The guardianship system is a very important civil law system.It originated from the "guardianship and curatio" of Roman law,which was later absorbed and reformed by many national civil legislation enaction,and became an important part of the civil law system to make up for the deficiency of those people who do not possess civil capacity and limited civil capacity.The general principles of the civil law of the People's Republic of China(hereinafter referred to as the general principles of the civil law),which came into effect on October 1,2017,revised and improved the previous guardianship system,and clarified the basic idea of the guardianship system,that is,based on family guardianship,supplemented by the social guardianship and guaranteed by the state guardianship.The new concept of guardianship has been established,that is,to respect the real wishes of the guardian-ed people to the maximum extent,protect the legal rights and interests of the guardian-ed people,and formally establish the adult guardianship system.Although the proposal of the adult guardianship system is of historic significance,the general provisions of civil law on adult guardianship system are too simple and weak in operation,which easily lead to the inconsistency of judicial application.the starting point of this article mainly from the problems of our country adult guardianship in judicial application,learn from the advanced experience of extraterritorial legislation,discuss the judicial practice of the effectiveness of the adult guardianship contract acknowledgment and changes to lift,the affirmation of the adult guardianship relations established and practice of the adult guardianship and restriction and so on,deal with the case for judicial organs to provide some useful Suggestions.Besides the introduction and conclusion,this paper is divided into four parts:Part one: through the elaboration of the concept,characteristics,nature,content and significance of adult custody,it Outlines the general situation of adult custody system,and then puts forward the existing problems of adult custody in justice,which lays a foundation for further study and solution of these problems.The second part: starting from adult custody contract,which is the core of adult custody system,this part investigates the problems of validity determination,amendment and termination of adult custody contract,and considers how to deal with these disputes from the perspective of judicial organs.The third part: encircled on the adult guardianship relationship established by adult guardianship contract,this paper discusses and searches the conditions and procedures for the establishment of adult guardianship in judicial practice.It is recommended that the initiation of an adult custody relationship must be based on the recognition and review of the judiciary to better protect the rights of the guardian-ed people.The fourth part: after the adult guardianship procedure is initiated,in order to prevent the guardian from exercising custody willfully,the principle and method of custody exercise must be made clear,and the custody exercise should be restricted.At the same time,the rights,obligations and responsibilities of the stakeholders in the adult guardianship relationship are studied.