On The Perfection Of The Adult Guardianship System In China

The adult guardianship system is an important part of the modern civil law system,which strengthens the protection of the adults with insufficient judgment ability through the form of law.Since the 1960 s,the concept of international human rights has developed rapidly,gradually forming a new concept of human rights with respect for human rights as the core,mainly including "respecting self-determination." "to maintain the normalization of life" and "the ability to live to survive" and so on.At present,these concepts have been widely accepted by countries around the world.At the same time,the global aging society has brought about a severe pension problem,the traditional guardianship system has been unable to meet the needs of modern society..China is one of the more serious aging countries,population aging has brought many problems.In addition,the introduction of advanced human rights concept has brought great impact to the current pension system in China.Article 33 of the General principles of Civil Law of our country has added the adult voluntary guardianship system.At the same time,the General principles of Civil Law have introduced the concepts of self-decision and normalization of life,best interests and minimum restrictions as the guiding principles of guardianship affairs.In order to further standardize the system,however,there is a problem that the provisions are too rough.With the topic of "perfecting the system of intentional guardianship for adults in China",this paper first introduces the concept of intentional guardianship for adults,the background of its birth,and then analyzes the current legislation,social situation,existing problems and reasons of intentional guardianship for adults in China,and then introduces the existing system of intentional guardianship for adults in Japan.Finally,it puts forward suggestions and suggestions for improving the adult custody system in China.This paper includes four parts: the first part describes the concept of adult guardianship system,classification and related concepts,the international adult guardianship system and the birth of China's adult guardianship system background;The second part focuses on the current legislative status and reality of the system of intentional guardianship of adults in our country,the existing problems,the reasons for urgent need to improve,and analyzes the necessity and feasibility of improving the adult guardianship system in our country.The third part is the introduction and analysis of Japan's adult intentional guardianship system.The reason why only Japan's adult intentional guardianship system is introduced is that Japan and China have similar old-age culture,worldly sophistication,Japan has entered an aging age for a long time.The law responds quickly to this and Japan's adult intentional guardianship system.It is still advanced in the world and the adult guardianship system drawn from Japan is in line with China's national conditions.The last part is the concept of the system of consensual guardianship of adults in Japan and the specific content of the system of consensual guardianship of adults in Japan.This paper discusses the situation of intentional guardianship supervisor,including the suitable object of guardianship supervision organization and the selection of guardianship supervisor,and finally introduces the relevant provisions of public guardianship based on China's national conditions...