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Research On Adult Guardianship System

Posted on:2020-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:C F GengFull Text:PDF
GTID:2416330599953896Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As a kind of parental system,the adult guardianship system is extremely humanistic and reflects the humanitarian spirit.With the promulgation of the "General Principles of Civil Law",the adult guardianship system has also been stipulated by the legislators.It's a major advancement in China's guardianship legislation following the Law on the Protection of the Rights and Interests of the Elderly and the Law on the Protection of Disabled Persons.This paper is aimed at the development of China's current adult guardianship system and the problems existing in the development of adult guardianship.It is mainly from the following aspects:First of all,the introduction including the research background and research significance of the topic,research methods and research purposes,and literature review.This part is mainly the preparatory work done before the article is written,laying the foundation for the completion of the article.The second part of the article gives a general discussion on the theoretical overview of the adult guardianship system.It introduces the theoretical basis,development and the latest development concept of adult custody,that is,supporting decision-making principles or supporting decision-making concepts.The development of this concept has very far-reaching guiding significance for the future direction of adult custody.The third part of the article introduces the development and experience of the adult guardianship of other countries and regions.Through the analysis and study of there legal system and institution can help to improve the legislative status of the adult custody system from the perspective of implementation.The fourth part further analyzes the other obvious problems existing in the current adult custody on the basis of the study of the executive custody enforcement rights,and finds the shortcomings.The fifth part of the article undertakes the content of the fourth chapter.After pointing out the problem,it absorbs the legislative experience of adult custody in other countries,and combines the national conditions of Chinese society to tentatively propose measures to solve the problem.The sixth chapter of the article is a thank you,expressing gratitude to the people who offered a help.The progress made in the legislation of the adult guardianship system in China should be fully affirmed.This not only conforms to the legal and legal logic,but also is conducive to perfecting the institutional system of adult custody.It is a big step in the history ofChina's guardianship legislation.However,since China's adult guardianship legislation started slightly later,countries with more developed guardianship legislation presumably still have a certain gap.At the same time,there are some legislative loopholes and unconstrained places in the adult guardianship itself,which is difficult to cope with the more complicated guardianship issues in social life.Therefore,the future adult guardianship legislation should be based on the reality of China's custody,and draw on the experience of successful custody legislation in other countries and regions to make up for the inadequacies of the adult custody in China,better serve the adult custodial population,and protect human rights.
Keywords/Search Tags:Adult guardianship, Behavioral ability, Intended guardianship, Guardianship supervision
PDF Full Text Request
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