Research On Adult Guardianship System In China

With the aging population increasing year by year in China,the accompanying guardianship needs of aging population become increasingly prominent.In addition,China has a large population base,and adults with physical barriers such as the disabled and the mentally ill account for a certain proportion.In order to better protect the legitimate rights and interests of the above-mentioned vulnerable groups,China's adult guardianship system needs to be further improved.On March 15,2017,in the twelfth session of the fifth session of the National People's Congress passed the civil law general principles,the perfect about adult guardianship system become one of the highlight of the civil law general principles,clarifies the guiding ideology of our country adult guardianship system,expanding the scope of guardianship object,established the arbitrary guardianship system,etc.,to a certain extent can meet the needs of the present situation of China's aging population under guardianship,also accorded with the international community to advocate the concept of human rights.However,the adult guardianship system in China started late.Although the general provisions of civil law established the embryonic form of adult guardianship system in China,there are still many contents to be clarified.This paper tries to clarify the existing problems of adult guardianship system in China by analyzing the development process of adult guardianship system in our country and combining with the provisions of the general provisions of civil law.The text is divided into four chapters: the first part is the overview of adult guardianship system.This paper briefly introduces the origin of adult guardianship,the concept of adult guardianship,the difference and connection between adult guardianship and general guardianship,and the nature and classification of adult guardianship.The second part analyzes the provisions of adult guardianship system in the general provisions of civil law,including the highlights and imperfections.In the third part,the author selects Germany and Japan of continental law system and Britain and America of Anglo-American law system respectively,and analyzes the adult guardianship system of these countries from three aspects of legal guardianship,voluntary guardianship and guardianship supervision,and summarizes some legislative experience that can be used to improve adult guardianship in China.The fourth part is based on the existing legislation,the author put forward some legal ideas to further improve the adult guardianship system in China,including adjusting the scope of the ward;Setting up diversified guardianship measures;Standardize the procedural measures of guardianship;To clarify the rights and contents of guardianship of guardians;To refine the system of voluntary guardianship;We will improve the mechanism of guardianship and supervision.