Research On The Improvement Of Chinese Adult Guardianship System

Due to the deepening of the population ageing and the penetration of the concept of international human rights protection,countries and regions have successively reformed their adult guardianship systems in order to deal with the problems brought by the population ageing,in order to adapt to the specific national conditions and meet the needs of different guardianship.Our country is inevitably in the same historical trend of development,and the elderly population in our country is growing year by year,the aging is more obvious and increasingly aggravated,in addition to the large population base of our country as a whole,the number of adults with physical barriers is larger,there is an urgent need to improve the adult guardianship system to protect the legal rights and interests of the adult vulnerable groups.The general provisions of the Civil Law adopted in 2017,to a large extent,has improved and developed the guardianship system for adults,not only expanding the scope of application of guardianship objects,but also formally establishing the voluntary guardianship system,it also points out the basic principles of modern adult guardianship,such as respecting the true will of the ward and being in the best interests of the ward.These provisions initially set up the framework of the adult guardianship system in China,and to a certain extent meet the needs of the increasing trend of population ageing for a modern adult guardianship system.However,China’s adult guardianship system was established relatively late,and the current laws on this system and related systems are too general,the supporting system is too simple,so,the current adult guardianship system in China needs to be further improved.This paper,by combing the current legislative status of adult guardianship system in our country,on the basis of affirming the great progressive significance of the current law,further points out the problems existing in the current adult guardianship system in our country,and puts forward a more specific reform and improvement path to the adult guardianship system in our country by drawing on the advanced legislative experience of the extraterritorial adult guardianship system.Apart from the conclusion,the article contains four parts:The first part is the introduction,which introduces the research background,research significance and literature review,and briefly explains the research methods and innovations of the article.The second part analyzes the current legislation of adult guardianship system in China.The current Legal Provisions on the guardianship system for adults in China are mainly embodied in three laws:the Law of the People’s Republic of China on the protection of the rights and interests of the elderly,the mental health law of the People’s Republic of China and the general provisions of the Civil Law of the People’s Republic of China,the author of the three laws on Adult Guardianship Law to amend the highlights of the elaboration.The third part,sums up in detail the current adult guardianship system in China’s shortcomings.It mainly analyzes four problems:the idea of adult guardianship legislation lags behind,the defects of related behavior capacity identification system,the controversial mode of legislation arrangement,and the imperfect provisions of specific legislation contents,and these aspects of the problem to be detailed and analysis.The fourth part,referring to the advanced merits of the legislative reform of the adult guardianship system outside the country,points out the way to improve the adult guardianship system in China.The suggestions include updating the concept of adult guardianship,improving the identification system of civil capacity,defining the mode of Legislative Arrangement of guardianship system,perfecting the specific provisions of adult guardianship system.