Reflections On Perfecting The System Of Adult Guardianship In China

In the social problem increasingly today, adult guardianship become a hot topic. Our country has to minor aspects in monitoring makes a great care, but neglects the custody of adults. The so-called adult guardianship system is to point to the adult mental disorder (including dementia) personal property and other legal rights under supervision and protection system.This paper consists of six chapters. The first chapter of introduction explains the research purpose, research significance, research scope, method, the domestic research status. The purpose is to let readers understand the adult guardianship system; The second chapter introduces the concept, characteristics of the adult guardianship system, concept, elements of several basic theoretical knowledge; The third chapter introduces the adult guardianship system on foreign advanced legislation, based on several typical representatives of adult guardianship system of learning and understanding for China, extraction methods; In the fourth chapter of guardianship system in China in the course of development and shortcomings to present the status quo of guardianship system in china; The fifth chapter is based on the above said to put forward two proposals, one is the mode of legislation, the other is the specific content; The sixth chapter is the conclusion, this chapter summarizes the main writing significance and value.This article through to the two law systems more representative of the countries of the adult guardianship system to learn more. Draw some experience that adult guardianship of the legislation idea should be and the international community. The content of the adult guardianship system shall be a larger area, adult guardianship of the legal procedure shall be refined standardization, setting up reasonable adult guardianship supervision organs. In the legislative idea in China’s adult guardianship system construction process and the constitution can tort liability law closely combined with the marriage law, etc. Pay attention to international legislation idea, in order to truly succeed adult guardianship of the object of maintaining legal rights and interests. Respect for human rights, and respect for the individual desire, pay more attention to the need to help the adults are more than ability, to achieve good legal effect and improve adult guardianship system of social values...