On The Reform Of The Adult Guardianship System

Adult guardianship system originated from ancient Rome in thelatter part of the clan society。It is a traditional system of civillaw. With the development of commodity economy, social life is moreand more complex, obstacle adults can not involved in civilactivities independently. Adult guardianship system offer thempersonal protection, property management and agents involved in civilactivities, including through the capacity to make up the capacity ofobstacle adults and protect their realization civil rights,furthermore to keep social harmony and stability. Because of thevalue of the system , adult guardianship system becomes an importantpart of national legislation .In the modern time ,reform was carriedon to make the corresponding changes in society of France , Japan,Germany and other major civil law countries, Adult guardianshipsystems have been relatively maturity.The development of the adult guardianship system of china waslate.Due to the level of understanding of the legislative limitations,under the guidance of the principle of the legislation "rough isappropriate fine", the provisions of the guardianship system is roughcomparatively, and it is inconvenience to operate. With thedevelopment of market economy, family relations and propertyrelations become more complex, the adult guardianship system existslacuna and face new challenges. For example the demerit of selectionof guardians, guardian has no right of resignation, the vice of supervision and the elder can not be helped by the adult guardianshipsystem.In the paper, with foreign legislative experience and thecondition of Chinese existing system to improve the adultguardianship system , and add the elder guardianship system for theageing of the population.The paper is divided into four parts as followed.Chapter 1, The conception of adult guardianship system and thefunction of traditional adult guardianship system.Chapter II, Take France, Germany, Japan for examples, tointroduce the reform of major countries of modern civil law on adultguardianship system, and then sum up the trend of reform.Chapter III, Analyzing the shortcomings of our adultguardianship system in the new social conditions, and introduce thenew challenges.Chapter IV, discussing on improving adult guardianship system,and proposing for elderly guardianship system.Because the domestic issues was less in-depth study, breadthand depth of the research is limited, there are still many problemscan't be solved .I hope to ask for predecessors and colleagues inacademia, and I also hope that my superficial understanding of theadult guardianship system can contribute to the Chinese reform andimprovement in the future .