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Study Of Adult Guardianship System

Posted on:2010-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:F X MengFull Text:PDF
GTID:2206360275491313Subject:Legal history
Abstract/Summary:PDF Full Text Request
This thesis studies adult guardian system (AG) with introduction and four chapters. The introduction covers the definition of AG system and its significance. The first chapter embarks on the fundamental theory of the AG system, including legal paternalism, cognitive motivation theory, the necessity and supplement of normalization. The second chapter briefs the historical development and offers an analysis of the status quo of the AG system, incorporating Guardian System in ancient Rome, current Guardian System in France, Tending System in German and the Enduring Power of Attorney Act of common law systems. The third chapter ushers in the history and status quo of Chinese AG system. The fourth chapter analyses the disadvantages in Chinese AG system and proposes related measures and directions for reform. The last chapter, combined with the fourth, fashions an embryo outline of law clause after reform of the existing AG system. Conclusions are as follows: (A) The subject matter of AG system should be enlarged. (B) Approaches for AG system are to diversify. (C) It is more than necessary to broaden the stratification of AG system. (D) Perfection of related regulatory mechanism is due. (E) Clarification of certain rights and obligations of guardianship in AG system is obliged.
Keywords/Search Tags:adult guardian system, normalization, self-determination
PDF Full Text Request
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