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An Analysis Of The Legal System Of Adult Guardianship In My Country

Posted on:2019-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:D F ChengFull Text:PDF
GTID:2436330551460771Subject:legal
Abstract/Summary:PDF Full Text Request
With younger age trend of various diseases and the progress of population aging in our country,adult guardianship growing demand?At the same time,look to the rest of the world,the adult guardianship system is established,and after the second world war,has undergone a change of concept and system?The importance of the adult guardianship system as a minor guardianship,but it is lack in our code for long,have to say it's a great pity?Adult guardianship system refers to the meaning caused by mental or physical disorder incompetent adults take protection measures to assist their legal behavior of the system?System set up by the aim is to help the existing obstacles of adults make of your life,market transactions,to maintain their personal and property rights?Adult guardianship system in different countries of currently applicable scope of objects,both physical obstacles of adults,adults also includes mental obstacles?"The general civil law of the People's Republic of China"(later called the general civil law)in 2017 by the National People's Congress voted on March 15,October 1,2017?The civil law general principles were formulated and implemented the law of high-profile events,of which the adult guardianship system of rules is a bright spot?It is concerned about the social context of aging population of our country adult guardianship requirements,also make up for our country law has long been neglected adult guardianship of regret?"The general civil law" to define the scope of adult ward,increased the guardianship by type,defines the cancellation of the qualification of inadequate guardians,the execution of the candidate will be part of a state organ as a guardianship is a great progress of our country adult guardianship system?However,the regulation of our country the civil law general principles about adult guardianship is still partial principle,in the presentation of adult by guardian's object,the hierarchy of monitoring measures,by monitoring the setting of the detailed rules for the implementation and monitoring of supervision mechanism four problems still exists defects?This paper also mainly revolves around the four problems,first of all,clear the legal nature of adult guardianship,secondly introduces the civil law general principles,the relevant provisions of the adult guardianship,discusses the progress of analysis of system defects,remained again,analyzes overseas adult guardianship system in the regulations and measures can be used for reference,finally put forward Suggestions for the current adult guardianship system.
Keywords/Search Tags:Adult guardianship, General principles of civil law, Voluntary custody, Guardianship supervision
PDF Full Text Request
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