The Establishment And Evaluation Of China’s Adult Guardianship System

In the modern sense,the legal adult guardianship system adopts the system of declaration of capacity,Then with the guardian of the practice to a certain extent reflects the legal paternalism",Neglecting of the guardian’s ability to survive.With the rise of the international human rights movement,many countries have introduced the adult guardianship system,but also give priority to its application.It is gratifying,after several discussions,the general principles of the civil law of the People’s Republic of China established this system,therefore,the author from the perspective of combining foreign related provisions to evaluate it.The article is divided into four parts: the first part is an overview of the system.The author introduces the concept of it,the new concept of international human rights and the introduction of theoretical and practical significance.The second part introduces the establishment of this system: on the one hand from the new concept of the impact of social care,the aging problem,loopholes in the existing system the limited function of legal guardianship and the four aspects of the establishment of the system of background;on the other hand the author from the general change draft introduced its establishment process.The third part analyzes the relevant regulations of Britain,the United States,Japan and other countries,and compares their advantages and disadvantages in the legislative design and their impact on China.The fourth part of the author from the legislative idea,the system of legislation mode,legislation,establishment,monitoring the effectiveness of the contract,termination,supervision and evaluate the relationship of the legal guardianship.