A Study On The Adult Guardianship System

Adult guardianship system is a very important and ancient civil law system,which undertakes the protection of the civil rights of those adults who are consideredto be legally weak. With the development of modern social economy and the rise ofhuman rights, a reform of adult guardianship is developing under the new idea. Underthis circumstance, a more flexible adult guardianship system has been set up by themajor countries of the two law systems in modern world, which shows more respectfor the subjective consciousness of the litigants.Starting from the concept and features of the adult guardianship system, thispaper demonstrates the institutional value of this system. Then, it studies foreigncountries’ reform on their traditional adult guardian system. By comparing theshortcomings of the adult guardian system of the major countries of the two lawsystems, and considering the reform and improvement of modern adult guardiansystem, this paper then summarizes the characteristics of these countries’ relativereforms. Next, with detailed analysis of the legislative status of China’s adultguardianship system and its social effects, this paper also reveals the defects ofChina’s adult guardianship system, and illustrates the necessity of it’s perfection. Inthe last part, this paper suggests China learning from foreign countries’ maturelegislative experience, and puts forward several ideas to set up a perfect adultguardianship system on the basis of Chinese social reality, which should focus onlegislative principles, entity content and programme design.This paper studies the evolution of adult guardianship system on the basis ofhistorical analysis, employs comparison theory to compare the different systemsbetween the major countries of the two law systems, and reveals defects of China’scurrent adult guardianship system and its judicial interpretation with the positivejurisprudence. Additionally, based on the sociology and law sociology, this paperanalyzes the social effects of operation of China’s adult guardianship system, andoffers some proposals on it in terms of the legislation and institutional framework. Based on the overall analysis and demonstration, this paper indicates that thecurrent adult guardianship system in China not only do not conform to thedevelopment of our society, but contradicts the standards of the protection of humanrights. Hence, it is really of great necessity for China to make both theoretically andpractically reform to the adult guardianship system.