Research On Aduit Guardianship Sestem

It is an undeniable fact that China has rapidly stepped into the aging society.The following problem is that at the legal level,China faces many challenges in the reform of adult supervision system.In the context of the rapid development of China's medical care level,more and more attention has been paid to the protection of the elderly and adults with inadequate capacity.At the same time,the United Nations convention on disabled persons also puts forward new requirements for the development of adult guardianship system.Looking at the reform trend of the adult guardianship system in the world,it can be found that the weakening of the traditional family guardianship function can not adapt to the real predicament,and it has become an urgent problem to establish an effective adult guardianship system.In terms of adult guardianship system,China can learn from the mature legislative experience of adult guardianship system of extraterritorial areas and respond to the social needs of adults with incomplete pedestrian ability through legislation.Based on the above considerations,this paper discusses the author's views through the following six parts.Part one:the introduction part of the article.Starting from the current research situation of adult guardianship system in China,this paper discusses the purpose and significance,research methods and scope one by one,and has a preliminary understanding of this article.Part two:introduce the basic theory of adult guardianship system.Starting from the concept and characteristics of adult guardianship system,this paper explores the legislative concept established by the reform of adult guardianship system,respects the right of "self-determination" and "normal life" of the ward,and understands the advantages of adult guardianship system and trust and appointment.Part three:this paper summarizes the legislative status of adult guardianship system in China and analyses the new development of adult guardianship system in the General Principles of Civil Law,so as to summarize the existing problems of adult guardianship system in China.Part four:to investigate the adult guardianship system in Germany,Japan,Korea and Taiwan.Through the study of comparative law,it is necessary to understand and analyze the development context and current provisions of adult guardianship system in various countries.What needs special attention is the change of legislative ideas,expansion of applicable subjects,diversification of guardianship measures,intervention of public power and other aspects in various countries.Through understanding and analysis of the above contents,this paper summarizes what enlightenment other countries and regional systems have brought to our country.Part five:through the above discussion of adult guardianship system in China,we need to improve the legislative style design,guardianship registration system,guardianship supervision system,intentional guardianship system and so on.This part mainly puts forward reasonable suggestions for the construction of a perfect adult guardianship system.Part six:it is the conclusion of this paper,which summarizes the above discussion.