Study On Adult Intentional Guardianship System

With the promulgation and implementation of the general provisions of the civil law of the People's Republic of China,the adult guardianship system has also been established.Whether this new guardianship system is accepted by the society,whether it can well solve the relevant problems existing in the society,whether it is consistent with the starting point of the system,and what needs to be improved and improved compared with the advanced experience and system of foreign countries? Therefore,based on the basic national conditions of our country and the advanced foreign systems,I further studied the adult voluntary guardianship system,so as to find out the defects and deficiencies of the system and put forward reasonable Suggestions for the perfection and perfection of the system.This paper mainly adopts comparative analysis method,historical analysis method,logical analysis method and empirical research method.Through the research,it is found that there are many advanced places for us to learn from the adult voluntary guardianship system in the countries outside the two major legal systems.Therefore,I will mainly elaborate from five parts on the study of adult voluntary guardianship system.Chapter one is the introduction,which mainly introduces the background,theoretical and practical significance,domestic and foreign research status,research methods and innovation points of the topic.Chapter two,the overview of adult guardianship system,introduces the definition of adult guardianship from the connotation and characteristics of adult guardianship and the differences between adult guardianship and legal guardianship,entrusted guardianship,voluntary agency system and other relevant legal concepts.The values of adult guardianship are described from two aspects: autonomy of will and principle of most benefit to the ward.Thus,there is a basic understanding of adult voluntary guardianship.The third chapter is the comparison and reference of the adult voluntary guardianship system outside the region,which mainly studies the adult voluntary guardianship system outside the region of the two legal systems,and obtains the enlightenment to our country.In the first section of the Anglo-American law system,the continuous agency system in the United States and the permanent agency system in Britain are further studied.The second section of the continental law system of the relevant systems,the German custody system and the Japanese adult custody system to do a further study.The third section: the enlightenment of the voluntary guardianship system of foreign adults to our country,the United States,Britain,Germany,Japan and other countries,the qualification and selection of guardians of the voluntary guardianship system,the signing of guardianship contract,supervision,notarization and other aspects of the voluntary guardianship system of our country all have reference significance.The fourth chapter is about the present situation and defects of the adult guardianship system.The legislation only includes the law on the protection of the rights and interests of the elderly and the general provisions of the civil law,which is too thin,and there are conflicting provisions in the legal provisions,so how to choose and coordinate? At the same time,China's adult voluntary guardianship system itself is not coordinated,not unified,guardianship contract system is not complete,supervision system is missing,notarial system is not complete defects.The fifth chapter focuses on the improvement of adult guardianship system.This part narrate from four sections: the choice of legislative mode,the perfection of guardianship contract,the construction of guardianship supervision system and the perfection of guardianship notarization system,and make more detailed and specific Suggestions for the improvement of adult guardianship system in China.