Research On Chinese Adult Guardianship System

Adult guardianship system, with relatively minor guardianship system should be, is designed for a specific system of protection established by adults. At present, China's adult guardianship system has incomplete defects, and the published several draft Civil Code still exist the the fundamental system of adult guardianship the drawbacks. As the socialist market economy system has developed, the adult guardianship system has become increasingly difficult to adapt to social relations and family relations. Reform adult guardianship system has been undelaied.This paper attempts to conduct a study of adult guardianship system.Hoping the corresponding proposed amendments is helpful to China adult guardianship system. Paper is divided into three parts:The first part is the necessity and feasibility of the adult guardianship system.Firstly.construction of the adult guardianship system will give full play to the value system of the adult guardianship system. Secondly, from the serious problems in terms of population aging. China's huge elderly population aging rapidly, so reconstruction of the adult guardianship system in China is very important.Finally.our current adult guardianship system also makes the reform of existing adult guardianship system is feasible.The second part is the abroad reform of adult guardianship system for China to reference. By comparison the major civil law and common law countries the reform of adult guardianship system, we can see, despite the two legal systems has many different legal sources. but this reform has many in common, which has great reference to us. First. the guiding philosophy of reference, namely, "respect for the self-determination." the concept of "normalization " concept. The second is to expand the scope of the adult guardianship system. Mental and attitudinal barriers of life and old age person shoud be included in the scope of the adult guardianship system. Third, the establishment of multi-level,flexible types ofadult guardianship. Fourth, a comprehensive intervention of public power. Five is to repeal the interdiction system. Instead, according to case review, the actual measure of its capacity by state.The third part is the reconstruction of the adult guardianship system. Adult guardianship system in accordance with this chapter, followed by the establishment. survival, change and termination of the sequencing system. First, the style of the adult guardianship system arrangement.Second,the establishment of the stage, review the facts of cases taken to court for a declaration as the beginning of adult guardianship.Firstly,the legal guardianship will be divided into "custody "," curator " and " auxiliary " three types; secondly is intended to be monitoring should be introduced.Third, in the continued existence stage,adult guardian for the scope of, by the natural guardian. community and public guardian to serve as guardian, the court elected, should be in the case of "the most favorable to the guardian" principles to be determined, Our law should set up a special responsibility for adult guardian more specific provisions.Guardian should and must be given certain rights, in order to more effectively act on the guardian to be restraint and supervision. care should be taken to our supervisory authority and the guardianship supervisor dual custody supervision. Finally, change and termination phases, our legal system should change the subject of adult guardianship and custody of the legal consequences of termination of an express provision.