| Adult guardianship system is an important legal system for civil affairs. The system provides legal means for the realization of the civil rights of the incapable adults by supervising or caring those adults who are lack of self-protection and self-living ability. Adult guardianship system originates from the guardianship and blessing system of the Rome Law, then accepted and developed by the civil legislation of various countries. Recent years, in view of the defects in the traditional civil law adult guardianship system design and the development of the idea of human rights protection, establishment of the individual right, many countries carried out a series of reform and exploration of national legislation toward Interdiction system, Adult protection, the rights and interests of the protected person and Independent Decision.Judging from the data released by National Bureau of Statistics, our country has entered aging society in1999and it’s moving further forward in the speed higher than the world. Large population and population base leads to large number of aging people after entering aging society. To see the legislation of our country,"The general principles of the civil law of the people’s Republic of China","Opinions of the Supreme People’s Court on several problems of implementation of the general principles of the civil law of people’s Republic of China (for Trial Implementation)" exclude physical disabilities and the elderly from the protection of the Adult guardianship. It not only makes the practice of the judicial difficult, but also makes the function of the adult guardianship ineffective. Physical disabilities and the elderly can’t get the protection they need, which is not conducive for us to solve the aging problem.At present, the social status of our country is complex, and the number of the elderly and poor mental and physical health is numerous. With the development of society, caused by various reasons, the continuously increasing number of incomplete capacity makes the protection of the interests of this part of vulnerable become an important task for the social stability and the rule of law construction. Countries around the globe are reforming adult guardianship system; we should comply with the international trend to reform the adult guardianship system, coping with the coming of the aging society. Influenced by the reality of life, the reform of adult guardianship system in our country has already been imperative. The main contents of the modern adult guardianship system are the full attention of adult life, the respect for the right to self-determination for adults, maintenance of the basic rights of adults. The reform and improvement China’s adult guardianship system should make full use of the successful experience of other countries, and then according to China’s actual situation, develop a proper adult guardianship system.Aiming at the problems in the current adult guardianship system in our country, on the basis of introducing new ideas and learning the adult guardianship system from other countries, we shall put forward a suitable system. The reform and perfection of China’s adult guardianship system shall include the following. First of all, we should make clear the scope of adult guardianship, practice the guardianship system, and respect the right for adult-self-determination. Secondly, to improve the adult guardianship establishment mechanism, we should standardize the protection system of adult guardianship, clarifying the rights, obligations and responsibilities. Thirdly, in order to protect the interests better and prevent prevarication, we should refine the adult guardianship program and clarify the division of labor and responsibility. Finally, to prevent infringement guardian behavior, we should set up the adult guardianship supervision and management authority, supervising the whole process of adult guardianship. |
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