Research On The System Of Declaration Of Capacity In Adult Guardianship

With the further speed of population aging,we must realize that more and more adult pupillu's rights and interests need to be protected.The promulgation of the General Principles of Civil Law lays the foundation for the development of adult guardianship system.However,there are disputes in the academic circles about the identification system of adult pupillu's capacity for conduct.This paper,within the framework of the General Principles of Civil Law,makes a thorough discussion on the rationality of the declaration system of lack of capacity for conduct in adult guardianship.The main research methods adopted in this paper are literature research method,case analysis method and comparative analysis method.The article focuses on five parts?In the first part,the author starts from the case of the fall and death of the elderly-Peilan Pan in the nursing home.The case reveals the problem of guardianship and old-age care for persons with full civil capacity.Then through the divorce case of Liangju Zhao,a psychiatric patient,reveals that guardians can't reasonably protect rights and interests of people with limited capacity for civil conduct,which leads to the issues to be discussed in this paper.The second part mainly introduces the current legislative situation of the Proclamation System of capacity in adult guardianship in China and analyses its deficiencies.This paper elaborates on three aspects:the standard of identification of capacity,the procedural law of pronouncement of capacity and the relevant law on capacity,and makes a further analysis of the pronouncement system of capacity in adult guardianship.From the aspects of system design,lack of habeas corpus protection and system concept,this paper analyses the deficiencies of the Proclamation System of capacity in adult guardianship in China.The third part from the perspective of comparative law,makes an analysis of the reform and development of the declaration system of prohibition of production in recent years in the continental law system.It introduces in detail the transformation of the development concept of new adult guardianship in the continental law system and the specific refinement of the types of guardianship.France,Germany and Japan have abolished the declaration system of prohibition of production in succession,which has an important borrowing for the future development trend of the declaration system of capacity Identification.The fourth part is to find out the corresponding countermeasures by analyzing the backwardness of the concept of adult guardianship and the inadequacy of the Proclamation System of behavior ability in our country.Drawing lessons from the beneficial results of the reform of the system of declaration of prohibition of production in the continental law system,and according to the specific national conditions of our country,this paper puts forward the ways to improve the system of declaration of capacity in adult guardianship in the future.By further elaborating the types of guardianship,expanding the scope of adult guardians,replacing the Proclamation System of capacity by case review,establishing a guardianship register and constantly updating the concept of adult protection in China,etc.