On The Defects And Perfection Of The Intentional Guardianship System For Adults In The General Principles Of Civil Law

The rapid development of economy drives the renewal and transformation of various legal systems.At this critical moment,the new general principles of civil law,a legal treasure book that affects every citizen to suit their own rights and interests,brings opportunities and challenges to every individual in the whole society.In China,the problem of aging society and the situation of international human rights concept are becoming more and more serious.The legislation of guardianship system is also developing rapidly.Adult guardianship system is by "the general civil law" article 33 of the new provisions,so the implementation of the adult guardianship system by and perfect is the key to deal with aging society in our country and international human rights idea,but at the same time,guardianship system standards and the lack of supervision system become the future development of adult guardianship system by planted hidden dangers.At present,all the countries that have established the voluntary guardianship system have established the practical measures to match the voluntary guardianship to some extent.Starting from the necessity and value of adult voluntary guardianship system,this paper analyzes the mode of voluntary guardianship system in different countries through case analysis and comparison,and tries to put forward Suggestions on the improvement of voluntary guardianship system in China.In order to meet the law may be implemented after the implementation of a large number of practical needs.This paper takes "on the defects and improvement of the adult voluntary guardian ship systemin general principles of civil law" as the topic,mainly according to the following: chapter one,elaborates the connotation,characteristics and scope of the adult voluntary guardianship system from the social focus cases;In chapter two,the author compares the value of adult voluntary guardianship system with that of other similar legal systems by means of comparative method,so as to obtain the value of adult voluntary guardianship system.The third chapter focuses on the development process and research status of consensual guardianship system for adults in different countries,and summarizes the legislation of foreign countries from the United States,Britain and Japan,hoping to get some enlightenment on consensual guardianship system for adults in China.The fourth chapter mainly analyzes the inadequacy of the legislation of adult voluntary guardianship system aiming at the defects and inadequacies in current practices.Chapter five puts forward some Suggestions to improve the consensual guardianship system for adults in China,including the standard of subject qualification of consensual guardianship system for adults in China,the intervention review system of notary institutions,and the improvement of the specific provisions of consensual guardianship contract for adults.The author hopes that through the study of the adult voluntary guardianship system,we can increase the possibility of some Suggestions on the legislation of adult voluntary guardianship system in China,so as to alleviate the social problems more effectively.