Research On The System Of Adult Voluntary Guardianship In China

In Ancient Rome,there was an interdicted system of guardianship.As the economic lift and social change,the human rights become more important,human face the problem of an aging population,extra-regional countries start innovation.The United States was the first to establish the agency system,which was characterized by the fact that the agent's conduct was not extinguished by the agent's loss of civil capacity,thus establishing the first adult guardianship system;subsequently,on the basis of the former,the United Kingdom further improved the system.In the civil law countries,Germany and Japan also began to reform in full swing,setting up the Preventive Agency system and the arbitrary custody system,compared with the United States and the United Kingdom,more perfect.With the growing seriousness of the population ageing and the upsurge of human rights,China has gradually changed the old guardianship system,but no matter which law,there are no detailed provisions on the system,which hinders its application in reality.People have various ideas about the concept and property,regard it a system and it contain rights and duties.Compared with the related concepts,find they are different,and prove it is unique.By using different methods to study our system,finds that there are some defects in the level of guardian,such as: the fuzziness of principal qualification,the absence of rights and obligations,and the absence of supervision mechanism,at the level of person under guardianship,there are some defects such as narrow scope and lack of rights and obligations.At the level of adult guardianship contract,there are some defects such as vague effective elements,lack of removal elements and confused application order.By studying the systems outside country,find they are detailed.Therefore,in the base of actual situation,we should reference the system of other countries,at the level of guardianship,make clear its main body qualification,establish its rights and obligations,and establish the supervision mechanism to it,at the level of person under guardianship,the scope should be enlarge and the rights and obligations should be fix.At the level of adult guardianship contract,the entry into force,rescission and application order should be clarified.Only by perfecting the malpractice of the system,can we better guide the practice and realize its due legal effect.