Study On The Improvement Of Adult Guardianship System In China

The adult guardianship system went through a long process,which originated from Roman law,and gradually developed into a system in various countries in the middle and late 20 th century.Our country adult guardianship system in the applicable process also appeared some shortage,need follow-up legislation shall be improved,such as: the guardian cover scope too narrow,the monitoring objects mean capability assessment does not reach the designated position,the inability to make effective supervision of guardianship,etc.,to some extent,the legal standard of form a complete set cannot be adapted to the rapid development of our country present stage.Therefore,with the continuous progress of the revision of the civil code,a series of legal documents led by the general provisions of the civil law of the People's Republic of China and some domestic experts and scholars are working on the transplantation,interpretation,exploration and perfection of various norms in the adult guardianship system.Through the analysis of the legislative examples of different countries and regions,there are still many problems compared with the current regulations of adult guardianship in China.In this context,the author studies the legal advantages of different countries and regions,and puts forward the perfect content,with the purpose of forming useful practical Suggestions for China's adult guardianship system.This paper USES the methods of literature research,comparative research and so on,combines with the research status of adult guardianship at home and abroad,analyzes the relevant national legislation and implementation,and looks for a model that can adapt to the adult guardianship system in China.According to the above structure,the text is divided into five parts:The first part is the introduction.Tells the story of the disadvantage of traditional Chinese adult guardianship system running,urgent need with international legislation,and an aging population brings the huge impact of adult guardianship is the realistic background,and then briefly discusses the practical significance of the study the content,and analyzes the research status at home and abroad,this paper finally provided the research method.The second part is mainly the specific definition of adult guardianship system,as well as some detailed contents of the distinction,in order to further discuss in the followingarticle,and then the development of adult guardianship system in different historical stages of our country is briefly summarized.The third part analyzes the legislative process and practical application of adult guardianship system in Anglo-American law system and continental law system,and tries to find some contents that are more in line with the reality of our country,so as to realize the adoption and combination of relevant contents in the following text.Existing in the fourth part studies the adult guardianship in our country,some need to improve the content,combined with the specific provisions of the civil law of the People's Republic of China general part carries on the discussion,this paper discusses the present situation of the adult guardianship system in China after the enforcement of the law,and there need to be further perfect,respectively is the entity,procedure and relief and so on questions,were analyzed.The fifth part from China's actual conditions,combined with the current trend of aging,as well as the traditional way of pension,refinement,the problems of the adult guardianship system with part of this paper puts forward the problems in cohesion,one to one correspondence,respectively from the principles of adult guardianship system,the applicable subject,the content of the rights and obligations shall be detailed and supervision system four aspects are expounded,for the content of the adult guardianship system supplement and perfect Suggestions are put forward,hoping to have a positive significance in the legal practice.