The Improvement Of Adults' Voluntary Custody System In China

As an indispensable part of the modern civil law system,the adult custody system has been more generalized since the promulgation of the General Principles of Civil Law in 1986 and lacks maneuverability.Looking at the world,China's aging rate is extremely fast.The ratio of the elderly population is rising.The growing elderly population needs the most powerful and effective laws to protect.It is imperative to strengthen the protection of the interests of the elderly.The existing drawbacks of the existing legislation are increasingly obvious and need to be resolved.In 2017,the General Principles of Civil Law revised the adult custody system and added voluntary custody to the custody method.However,Article 33 of the Act simply stipulates the adult's voluntary custody and lacks relevant regulations on system construction.The purpose of this paper is to construct a relatively complete adults' voluntary custody system.Through careful study of the status quo of Germany,Japan and Taiwan and the development and reform of the adults' voluntary custody system,combined with China's current national conditions and the provisions of the current law on the adults' voluntary custody system,the concept of improving the adults' voluntary custody system in China.In addition to the abstract and introduction,this article consists of four parts:First,an overview of the adults' voluntary custody system.First of all,it is elaborated from three aspects: meaning,characteristics and type;Secondly,it explains the main background of the birth of the adults' voluntary custody system.Second,the adults' voluntary custody system for the countries and regions concerned.This part analyzes the traditional adult custody system in Germany,Japan and Taiwan,and the adults' voluntary custody system after the reform.Third,the status quo of legislation for the intentional custody of adults in China.Firstly,the legislative evolution of the voluntary custody of adults in China is clarified,which is only stipulated in the Law on the Protection of the Rights and Interests of the Elderly and the General Principles of the Civil Law;Secondly,it puts forward the main problems in the system of adults' voluntary custody in China,and finally explains the necessity of improving thesystem of adults' voluntary custody in China.Fourth,the idea of improving the adults' voluntary custody system in China.Through the above comparative research,we found the main problems and put forward rationalization suggestions from both the substantive and the procedure.