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Construction Of Adult Guardianship System

Posted on:2014-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiFull Text:PDF
GTID:2266330422956948Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Adults’ guardianship is the set-up system for adults who are lack of judgment abilitiesbecause of disadvantages in physical, spirit and mental. Its purpose is to protect civil rightsfor disadvantaged adults’ groups. There has been a long time that Chinese legislations andresearches tend to juvenile guardianship which caused a confused jargon in adultsguardianship, not to mention a developed guardianship system for adults. At present,problems arising from aging society structure are becoming inevitable and those situations,say, abusing seniors, abandoning elders or even seniors’ deaths in homes without noticed,happened frequently. Senior protection rights are becoming a serious social problem.Meanwhile, more people show concepts on human rights. Developed countries, showing morerespects on self-deciding rights and normalized life rights, have modified their own adultsprotection rights and have built up public laws and private laws for adults rights in order toprotect disadvantaged groups in society. China is a socialism country ruled by law andsafeguards the disadvantaged groups, which is the practical needs for building upwell-rounded legislation systems, especially to improve better legislation systems and rules inour country. This thesis begins with the concept of guardianship and analyzes adults’guardianship development and its fundamental theories. With some brought-in ideas fromforeign counties, I made some constructive suggestions for our own adults’ guardianship.The thesis includes four chapters. Chapter1: Generalization of Adults’ Guardianship Systems.This chapter defines the concepts of adults and adults’ guardianship at first. Next it analyzesadults’ guardianship in the view of laws and introduces adults’ guardianship system historydevelopment both in China and foreign countries. Finally, it starts from reality to research thecoming aging society structure and puts forward suggestions to improve human rights forbuilding up adults’ guardianship system. Chapter2: Basic Theories for Building-up Adults’Guardianship System. This chapter mainly starts with three basic theories: parents with lawconcepts, compulsory and supplementary theories, respecting self-deciding rights andnormalized life theories. The purpose is to state how to build up adults’ guardianship system. Chapter3: Comparison with Adults’ Guardianship in Foreign Countries. This chapter mainlyintroduces reform results of adults’ guardianship in foreign countries and those of we candraw some lessons from them. From the point of reforms in China and America ruled by laws,I analyze adults’ guardianship among France, Germany, Japan, England and America to getthe enlightens that our country should bring in new concepts to enlarge adults’ guardianshipscales and to make sure pre-arranged guardianship as well as enhance governmentintervention. Chapter4: Thoughts on Building up Our Own Adults’ Guardianship. Summaryfrom above mentioned chapters, I will put forward my own thoughts on building up adults’guardianship in China according to Chinese basic conditions and realities in the way of learnforeign countries’ advanced theories and improve Chinese current guardianship shortcomings.
Keywords/Search Tags:Adults’ Guardianship, Aging Society Structure, Self-deciding Rights, Normalized Life, Building-up Systems
PDF Full Text Request
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