Research On The Application Of The Adult Guardianship System In The General Principles Of Civil Law

With the strengthening of international population aging trend,China is faced with serious aging problems,General Principals has stipulated the guardianship system at adults' own will and responded to the public.However,the content is too principle-based,and exists tough issues as to system confusion,lack of detailed contents and systems of guardianship of the elder.It is clear that the short of regulation design on guardianship in detail in article 33 gives rise to the failure to achieve the purpose of General Principals.Cases about the elder and mentally ill adults suffering violations are endless,It is of great value and significance to correctly apply the adult-oriented guardianship system and guarantee the legitimate rights and interests of the guardian demanders represented by the elderly.The author combines with legislative proposals since General Principals has been released as well as the basis of adult guardianship system by legislation experience,this paper combines the application of the current adult custodial system with the use of literature research and case analysis.Research methods.and study specific applications of adult guardianship system in Guardianship agreement.The specific application of the adult-intentioned guardianship system is based on the intentional guardianship contract.The article is entitled "Study on the Application of Adult Guardianship System in the General Principles of Civil Law".This paper divides into four chapters.Firstly,put forward applicable questions together with concrete cases;the application of the case is proposed;the theoretical basis of adult guardianship system on the basis of one's will;Thirdly,guardianship agreement,which is also the core of this paper.In the first part,rules applying for agreed adult guardianship and stipulated guardianship are mentioned.In the second part,it talks about the establishment and efficiency of adult guardianship agreement,including requirements of the subjects,contents,forms,validity and termination and so forth.Lastly,this paper clarifies the selection rules and specific supervision items of the appointed supervisor of agreed guardianship,and discusses the judicial jurisdiction of the adult guardianship system from the perspective of procedural law.After systematic research,this paper believes that the adult-oriented custody contract is the core,the contract notarization and registration system is an auxiliary supporting measure,and the supervision and custody system of the third party or related organizations is of great significance to the application of the adult-intentioned custody system.We should pay attention to judicial practice.