Research On Adult Guardianship System In China

The adult guardianship system is an important part of the guardianship system.Its purpose is to protect adults with lack of meaning.Since the 1960s,developed countries such as Germany,Japan,and the United States have reformed their traditional adult guardianship systems.The legislative concept has formed a modern adult guardianship system consisting of legal guardianship and intentional guardianship to protect the ward.Different from these countries,although there are some changes in China’s adult guardianship system,it still has not got rid of the traditional concept of adult custody.The provisions on adult custody in the General Principles of Civil Law still use the complement of the rights and abilities of the actor as the legislative purpose.Today,China’s economy is rapidly developing and it has brought many social problems,such as an aging population.According to the China Statistical Yearbook,the population aged 65 and over in China was 143.86 million in 2015,accounting for 10.5%of the total population.According to the standards of the United Nations,when the population over 65 years old accounts for 7%of the total population,it is an "aging" society.It can be seen that in 2015,China officially entered an aging society.Corresponding to an aging society,demented adults(intellectual and mentally disabled)who are unable to identify or fully recognize their own behavior due to old age are increasing.In addition,due to the severe decline in the ability of the elderly,People’s network telecom fraud,fraudulent health products and wealth management products marketing are endless,seriously damaging the legitimate rights and interests of the elderly,in order to adapt to the actual needs of China’s current society,how to effectively protect adult non-civil capacity and restrict civil behavior The legitimate rights and interests of adults,especially those who are demented,are already a huge challenge that China has to face.For this reason,the General Principles of the Civil Law has improved the adult guardianship system in the General Principles of the Civil Law.For example,the scope of the ward has been expanded,and the provisions for adult custody have been added,but in the legislative concept,the legislative system,and the specific rules is still need to continue to improve the rules.Based on the reform of the existing adult guardianship system,this paper aims to cope with the current situation of population aging,and effectively protect the legitimate rights and interests of adults without civil capacity and civil capacity,and propose their own ideas for the design of adult guardianship system.In order to provide reference for the construction of relevant regulations when the Civil Code is promulgated.This paper is divided into four parts.The first part introduces the concept,nature and characteristics of the adult guardianship system,and analyzes the different characteristics of the adult guardianship system under different legislative concepts by combing the evolution of the system in different historical periods.The second part is based on the provisions of the General Principles of the Civil Law on China’s adult guardianship system.Through the clarification of the current legislative system,the establishment method,the guardian’s duties,the guardian’s change,etc.,the analysis and summary of the development of China’s current adult guardianship.And the main problems that exist.The third part introduces the main contents of the adult protection system in Germany and Japan,including legislative concepts,choice of methods,scope of application,and supervision of the adult protection system.It aims to provide a reference for the improvement of the adult guardianship system in China.The fourth part is aimed at the problems of the current adult guardianship system in China.Based on the foreign adult protection system,the author puts forward suggestions on the improvement of the adult guardianship system,including the change of legislative concept,the choice of legislative style and the improvement of specific legislative content aspect.The innovation of this paper is reflected in the research methods and research content.In the research method,this paper adopts the comparative analysis method,and puts forward constructive opinions on the adult guardianship system in China through the analysis and comparison of the extra-territorial adult guardianship system.In the research content,after the district is divided into annual guardianship settings,it is recommended that the adult guardianship system be used as a protection for the ward and not as a complement to the abilities of the ward.A general concept of adult guardianship is proposed,and it is recommended to change the adult guardianship system into an adult protection system.In the protection system,in view of the differences in the specific identification capabilities of protected adults,there are three specific protection measures:guardianship,security,and assistance.In order to better respect the difference in the remaining capacity of the protected person..At the same time,regarding the improvement of China’s adult guardianship system,the predecessors have begun to study,I believe there will be more people to pay attention to,the author is only shallow,and it is inevitable that there are omissions,I would like to ask for advice in this article,or throw a brick to attract jade,Or the end of the dog,I hope that through the thinking and research of this article,I have gained some benefits while improving the adult guardianship system in China.