Research On The Improvement Of Chinese Adult Guardianship System

On March 15,2017,the Fifth Session of the 12th National People's Congress adopted the General Principles of the Civil Law of the People's Republic of China.The legal custody of adult guardianship is made of the Article 28 which states the determination of the guardian of an adult who has no or limited capacity and the Article 31 which states the determination of the designated guardianship.At the same time,the Article 33 states that an adult still with full capacity for civil conduct can determine the guardian by prior agreement when he or her loses capacity for civil conduct.It is called intentional custody.The legal custody and intentional custody have constructed Chinese adult guardianship system.The general provisions of the General Principles of Civil Law still cannot solve some of the problems existing in judicial practice because the existing legal provisions are imperfect,so we need to solve this problem by putting forward corresponding countermeasures on the basis of a clear understanding of the problem.This paper is divided into five parts to discuss and solve the problems existing in the adult guardianship system in China.The first part of this paper is to illustrate the connotation and characteristics of the adult guardianship system,and distinguish it from other guardianship types,so that readers can have an intuitive and clear understanding of the adult guardianship system.The second of this paper focuses on the analysis of the current situation of Chinese adult guardianship system from the perspective of legislation and judicature.In the part of current situation of legislation,the method of analysis on articles is adopted to research the shortage of this system.In the part of current situation of judicature,the empirical analysis method is used to analyze and discuss the research data sources,statistical methods and results,which ensures the authenticity and effectiveness of the research results,and then provides the basis for deducing the shortcomings of the system.The third part of this paper based on the grasp of the current situation of adult guardianship system in China,draws six major problems existing in the current adult guardianship system in China,as the main focus of perfecting this system.The fourth part of this paper compares the relevant systems of Britain,the United States,Germany and Japan to obtain useful enlightenment to provide reference for the improvement scheme.The fifth part of this paper aiming at solving the six major problems raised in the third part,puts forward six corresponding suggestions include defining the qualifications of guardians,defining the rights and obligations of guardians,clarifying the identification criteria of person under guardianship,respecting the principle of independent decision,adding the guardianship supervision system,and strengthening the guardianship function of grassroots autonomous organization according to the situation of our country and the current judicial situation.