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Study On The Guardianship System Of Adult

Posted on:2019-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiuFull Text:PDF
GTID:2416330566490710Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China's adult guardianship only establishes the concept and scope of the main subject in the latest general principles of civil law,and there is still a big gap between the construction of significant adult guardianship rights and supervision during the implementation of rights,and in countries where other legislation is relatively complete.The current adult guardianship system in China has entered a significant step in the legislative level.[The Protection of the Rights and Interests of the Elderly],amended in April2015,puts forward the concept of an intended guardianship system for the first time.The“General Principles of Civil Law,” implemented on October 1,2017 ” Expanding the scope of the population for which guardianship is intended to be extended to all adults with full capacity for civil conduct,which effectively protects adults,especially older people,when they lose or partially lose their civil capacity,The concept of custodial custody has been defined,the scope of the subject has been expanded,and guidance cases have been issued as benchmarks to guide legal practice.However,many problems can be found in the test of practice,especially in adulthood.In the improvement of guardianship,there are certain vacancies and problems of convergence between the beginning of the establishment of rights and the realization of rights and the supervision of certain guardians.In general,this article is divided into the following sections:The first part first introduces the basic concept and system of the adult guardianship system.After clarifying the basic concepts and overall structure of the adult guardianship system,it introduces the theoretical basis and the basic principles to follow.The second part mainly introduces the relevant regulations and developments of the guardianship system in the Anglo-American law countries,civil law countries,and Taiwan Province of China,and conducts comparative analysis and comparison.Summarize,abstract,and summarize the place worthy of referring to our adult guardianship system.The third part mainly introduces the status quo of the guardianship system of adulthood in China and the major problems that exist.The historic leap of China's adult guardianship system is an important basis for China's active integration with foreign countries.The relevant provisions of the General Principles of Civil Law are relevant.The articles also show the spirit of private law autonomy that respects one's own wishes to the greatest degree,and it is also directly explained to the adult guardianship system.However,due to the lack of corresponding supporting measures,it was necessary to seek practical help from the guiding cases announced by the Ministry of Justice last year.The last part mainly discusses the establishment,effective and termination of the adult custody contract,and the improvement of adult custody supervision is the focus of this part.I hope that through the author's insights,I will play a role in attracting attention and contribute to the continuous perfection of future adult guardianship.
Keywords/Search Tags:adult custodial supervision, guardian supervision, notarization
PDF Full Text Request
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