The Adult Guardianship System In China

The adult guardianship system is an important civil law regulation. At now, a new transform which will abandon the old adult guardianship mode is being carried on. In other words, it becomes universal theoretical notions which will instead of declaration system of interdiction that is part of the traditional civil system by protective mode. It is taken seriously by many countries for the personal care of protector and the power of autonomously decision in daily life to establish a regulation which adequately respects the human rights of person under guardianship as a central core of the guardianship system.The adult guardianship system are mainly found in"the General provisions of the civil law. It is difficult to adapt to many new phenomena and come along with the current trend of international legal institutions system for the current adult guardianship system, which caused by the general rule system itself, the social life conditions and the level of understanding of limitation when it was established. With the social age coming old and the notion of maintaining the disabled human rights win support among the people in China, the reform of adult guardianship system must be carried out in the future. The aim of this thesis is to pay more attention to their living conditions, maintain their basic human rights, acquire the balance between personal rights'protect and social stability. The thesis has been divided into four parts to discuss.Part one, boundaring the definition of the adult guardianship system and analyzing their meaning. And these are foundation of following parts.Part two, introducing the developmental history of adult guardianship system, meanwhile analyzing and making a comparison between the two legal systems about adult guardianship system. According to research the adult guardianship system among Germany, Japan, England, USA and so on, discovered that no matter abolishing the system in continental legal system or development of awarding system for consistent dealership in uncontinental legal system. The common feature between them is that establishing a guardianship system mainly depends on arbitrary guardianship and auxiliary depending on legal guardianship, consolidating the sociality, the commonweal, the specialty about adult guardianship, possession managing, the body care and making up of the important content in adult guardianship system. The trend of the adult guardianship system is introduced at the end of this part.Part three, discussing the main content and the defect of the adult guardianship system in China. Depend on the legislation status of the adult guardianship system in China, analyzing the defect of the adult guardianship system in China, such as the lag of legislative notion, the limits of main part and the simple guardianship manner.Part four, forcing on the problem existent in legislation of current adult guardianship system in China, the innovation and the perfect measure are bring forward. In substantiality, it advances that drawing into a new definition of adult guardianship system from foreign country, spreading the adult guardianship bound in China, introducing an intendance system which some decision is made by party, perfecting the instauration way of guardianship, making a custody system with different grade, which discriminating the category of guardian, the rights of custodian and the provision of obligation and responsibility, improving the instauration of custody department and setting the special custody intendance department. Accordingly,in procedure, the adult guardianship procedure of begin, change and disappear should be perfected, the procedure selecting should be definitude, some appointed preceding procedure in lawsuit are abrogated.