A Research On The Adult Legal Guardianship System In China

The adult guardianship system is a system that compensates for the insufficiency of the ward and provides protection measures.As a country with a large population,China’s population aging will continue to intensify and the demand for adult guardianship systems will increase.China’s "General Principles of Civil Law" actively responds to the new era of adult custodian new topics,and stipulates "the guardian’s maximum respect for the person’s wishes" and "guardian assistance obligations",accepting the new concept of adult custody "the right to decide independently","normalization of life" However,it is too principled,abstract,and operability is not strong,and it has not yet formed a systematic and assisted guardianship system.From the necessity of constructing assisted monitoring,the development of psychiatry,the experience of foreign assisted guardianship legislation and the research of domestic academic circles,the feasibility of assisted monitoring is investigated,and the path of assisted monitoring is selected.Finally,explore the construction of assisted monitoring.A second-level system of guardianship and assistance(assistance-based guardianship)should be established,and the degree of assistance-based guardianship should be established;the standards for the establishment of assistive-style guardianship should be clearly defined;a supervision mechanism led by the civil affairs department should be established,and the supervision organs and supervisors should be used before and during the event The supervision mechanism guarantees the implementation of assisted monitoring.