On The Adult Guardianship System And Perfect

Serve as guardian the system is an important civil case law system, were establish by present all countries law making. The main targets it protects includes adult who has mental illness and adult who does't has full rational ability to identify something, especially the elderly occupy a fairly large proportion. Adult guardianship system offer them personal protection , property management and agents involved in civil activities , including through the capacity to make up the capacity of obstacle adults and protect their realization civil rights, further more t o keep social harmony and stability. At present, China has basically completed the legal migration of guardianship system, but China's legislation about adult guardianship is almost in a blank state, the existing legislation have a lot of short comings, such as the unscientific legislative style, the targeted objects are too narrow, the obsolete ideas for guardianship legislation and the missing content. To build China's adult guardianship system, these shortcomings must be considered and compensated. But not only in our country but also in other countries, the adult guardianship system imposed too many restrictions on them, and even deprived their capacity, neglected their residnal capacity, and can't help to protect adults. As the rise of international thinking of protecting human rights and the integrity of even country'legal system, the Two School countries have modified their adult guardianship systems. The new system absorbs respecting adults autonomous decision-making power"and"normalizing their life"concept, pays more attention to their personal care and daily decision-making power. Embodies the advanced legislative trend in 21st century, and will be more conductive to safeguard adult's interests.At the same time, because of economic and social pressure, the population of persons with mental illness and dementia is also growing. How to properly manage the physically demented elderly and property become a pressing issue. It's not only related to the maintenance of the safety of transaction, but also related to the establishment and development of harmonious society in China. Therefore, we must go with the development trend of international law, concern adult guardianship system and reform it.