Research On Adult Guardianship System

Since the middle of the 20 th century,some developed countries have reformed the adult guardianship system in response to the reality of aging population.Affected by the aging of population,the weakening of family pension function and the development of international human rights protection concept,China also urgently needs to establish a perfect adult guardianship system.This system is not only an important measure to deal with the aging population,but also an important means to maintain social stability and promote harmonious development.How to protect the interests of the ward under the premise of respecting the real will of the ward and most conducive to the ward has become an urgent problem to be solved.The promulgation and implementation of the general principles of the civil law in2017 and the promulgation of the civil code in 2020 have clarified the basic principles of China’s adult guardianship system,expanded the scope of guardianship,and clarified the adult voluntary guardianship system and guardianship supervision system,which,to a certain extent,meets the guardianship needs of China’s aging population and conforms to the human rights concept advocated by the international community.On the other hand,China’s adult guardianship system started relatively late,although the introduction of the general principles of civil law and civil code has made significant changes and improvements to the adult guardianship system in China,However,there are still many contents to be clarified,especially in the context of the imminent implementation of the civil code,in-depth analysis of the current adult guardianship system in our country on the protection of adults with disabilities,to further improve the adult guardianship system of our country put forward some suggestions have certain theoretical and practical significance.By means of literature analysis,comparative analysis and historical analysis,this paper analyzes the historical origin of adult guardianship system,the historical development and legislative status quo of overseas and domestic adult guardianship system,and refers to the advantages of overseas adult guardianship system to clarify the existing problems of adult guardianship system in China,For the current adult guardianship system in China to improve the content of the recommendations.The main body of the article is divided into four parts: the first part is the current situation and evaluation of adult guardianship system in China.This paper briefly introduces the origin and development of adult guardianship system in China and the legislative status quo of adult guardianship.The second part selects Germany and Japan of civil law system and Britain of common law system to analyze the adult guardianship system of these countries,and summarizes some legislative experience that can be used to improve adult guardianship in China.The third part is based on the comparison of the advantages of foreign adult guardianship system and puts forward the shortcomings of our current adult guardianship system.The fourth part is based on the existing legislation,to further improve China’s adult guardianship system of some legal ideas,including the establishment of multiple guardianship start-up conditions,the establishment of multi-level guardianship mode,clear the scope of guardianship qualifications,refine the rights and obligations of adult guardians,improve the adult guardianship supervision mechanism.