Research On Adult Guardianship System

Since the second half of the 20 thcentury to the beginning of the 21 stcentury, the world set off a wave of adult guardianship system reform. From the reforms in continental law system and Anglo-American law system countries, it can be seen that abolished the interdiction system, with more respect and protect human rights, expanded the scope of the supervision subject, established the consciousness of self-management, built the voluntary guardianship system, and refined monitoring measures, set up guardianship supervision, paid more attention to the responsibility of the state and society, are the trend of the reform.Present theory research of adult guardianship system has progressed, it need more specific legislative practice.This thesis will take the international human rights development, disabled persons’ rights and interests protection, the international aging process, and the status quo of aged person guardianship as the background, introduce the concept of the adult guardianship system and its reform necessity.As well as further explore the continental law system and Anglo-American law system countries’ reforms of adult guardianship system and its dynamics. Meanwhile analyze the trend of adult guardianship system, proposed reasonable opinion for consummates our country’s adult guardianship system.This thesis contains six parts:The first part is an introduction, introduces the contemporary social background of adult guardianship system, the development of international human rights, the protection of the rights of disabilities, population aging and the elderly rights and interests protection, which make the necessity of the adult guardianship system are obtained.The second part is about the evolution of adult guardianship system.Adult guardianship system originated from Roman law. Through researching the continental law system and Anglo-American law system countries’ situation of transplant and develop, summed up the legislation trend of adult guardianship system.The third part discusses the concept and basic principles of adult guardianship system of legislation. They are respect to self-determination, normalization of living concept and necessity principle, complementary principle.The fourth part analyzes the current situation and problems of our country’s adult disabilities legal protection.The legislation idea is obsolete, the monitoring subject scope isnarrow and lack of the guardianship system, and the legal supervision measures are single, as well as lack of procedural safeguards.The fifth part is about the legislation proposition for our country adult guardianship system.Establish adult guardianship system, expand the scope of the custody subject, add the voluntary guardianship system, and design feasible legal supervision measures, improve theaffirmation of active ability, the selection of guardian, and the procedural guarantee of guardian’s responsibilities.The sixth part is conclusion which reaffirmed the significance of establishing our country’s adult guardianship system.