Modify The Arbitrary Adult Guardianship System

Adult guardianship system is an important part of civil law system.This system main to guarantee the normal life and the equal participation in civil activities for adults who lost ability.With the development of the concept of international human rights,the traditional adult guardianship system had exposed many problems in practice and it couldn't accommodate with the needs of the society.Therefore,the concept of the arbitrary adult guardianship system emerges as the times require.Adult guardianship system pays more attention to the subjective intention of protection of adults.Countries all over the world try to improve the adult guardianship system.The system can effectively protect the adults lost or partially lost ability.Government power will intervene if necessary.This thesis consists of five parts.The first part intends to set the arbitrary adult guardianship system overview,to introduce the concept and the characteristic of arbitrary adult guardianship.And also talks about differences between arbitrary adult guardianship and other relative systems.Then,It defines the proper meaning of the arbitrary adult guardianship theoretically;The second part is introducing relevant legal provisions in Elderly Rights Law and General Principles of the Civil Law of the adult guardianship system in China and the existing shortcoming.For example the effectiveness of guardianship is not standard;The rights and obligations of guardian are not clear and the guardianship supervisions are vacant.The third part points out the necessity of modifying the adult guardianship system;The forth part introduces the current legislation of adult guardianship system in the countries of Anglo-American law system(UK)and typical countries of continental law system(Japan)and point out the relevant systems in these countries which are worthy of reference and study in our country;The last part combining the previous parts as well as the existing legislation and theoretical point of view in various countries and regions,comparing legislation of different countries,I put forward to the concrete content about modifying the arbitrary adult guardianship.First,I introduce that the establishment of guardianship contract is depend on notarization.The contract needs to be notarized and registered,and the determination of the guardianship supervisor is taken as the effective element of the guardianship contract.I also talk about the rights and duties of guardian who should be given to guardianship.Finally,the selection and appointment of guardianship supervisor,the rights and duty of supervisor and the concrete measures to carry out guardianship supervision work are been included.