The Construction Of Chinese Adult Guardianship System

In the new century, countries around the world have started the reformation of their existing adult guardianship system and formed the new adult guardianship system under the guidance of three new ideas included respect the right of independent decision, maintain the normalization of life and activate the remaining capacity. Similarly under the guidance of the new three ideas, while because of the difference of legal tradition and countries customs, the construction of the new adult guardianship system is also very different. We must construct the adult guardianship system according to China's realities, and on the basis of other countries adult guardianship system, so as to suck the essence, to its dregs. The introduction of adult guardianship system ideas is the external factor of Chinese adult guardianship system construction, while China is also necessary to build the adult guardianship system: a large population, a serious aging of the population; mental pressure, the large number of various mental disorders; the increasing number of physical disabilities based on all causes. Face the reality, the adult guardianship law in China can not meet the demand. Therefore, we have more necessary to build the adult guardianship system than other countries.This article is composed of three parts: The first part mainly discusses the practical needs of construction of Chinese adult guardianship system, and through the "General Principles of Civil Law" and "Supreme Court on the implementation of" Republic of China Civil Code "number of issues Comments (Trial) "on adult guardianship law direct analysis , discusses China's current shortcomings of adult guardianship legislation; The second part introduces the concept of three new ideas and the latest development of adult guardianship system of Japan, Germany, Britain, the United States Under the influence of three new ideas, and compared with foreign advanced legislation, China's adult guardianship legislation has many shortcomings; The third part of the article discusses the standard design of Chinese adult guardianship system, including the entity design and program design. Compared to adult guardianship law, the biggest highlight of this article is the determination of intended guardianship system and the introduction of social care approach. Intended guardianship system fully reflects the respect for parties'right, and also the return of private autonomy law principles in the adult guardianship system. To resolve the adult guardian issue by social care approach will be the direction of the adult guardianship system.