Research On Adult Guardianship System From The Perspective Of Human Rights Protection

The adult guardianship system has a long history and plays an important role in protecting the vulnerable groups of adults.Since the 1960 s,the concept of an adult guardianship system has changed dramatically.Countries around the world have also revised their legislation to improve the legislation of the adult guardianship system.In the context of the rise of human rights protection,the concept of respecting the arbitrator’s discretion is widely accepted.The system design for adult custody is also gradually enriched from legal custody to designated guardianship and intentional custody.China is at a crucial time in the compilation of the Civil Code.Although the General Principles of Civil Law has related to adult custody,the content is too simple to realize the monitoring function for adults under the new situation and new concept.In addition to the introduction and conclusions,this paper has five chapters.The first chapter is mainly an overview of the adult guardianship system.Firstly,starting from the concept of the adult guardianship system,the general principles of the adult guardianship system are summarized by introducing the academic debate on the nature of the adult guardianship system.Therefore,the understanding of the adult guardianship system will be deepened as a whole.The second chapter mainly introduces the concept innovation of the adult guardianship system under the human rights protection movement.First,an overview of the theory of human rights protection is introduced.Secondly,the main international human rights protection conventions related to the adult guardianship system are introduced.Finally,the new concept of modern adult guardianship system reform is summarized.The third mainly introduces the changes of adult custody legislation in extraterritorial countries or regions.This paper selects five typical representatives.It is introduced from the perspectives of updating legislative principles and changes in specific systems,and expects to summarize the parts that can be used for reference in our legislation.The fourth chapter mainly introduces the legislative status of China’s adult guardianship system.First of all,the summary of China’s adult guardianship legislation is mainly reflected in the General Principles of Civil Law and the Law on the Protection of the Elderly.Although the existing legislation has some bright spots,there are still various shortcomings.The fourth chapter mainly introduces the direction of perfecting the legislation of the adult guardianship system in China.It mainly demonstrates from three perspectives: the legislative principle,the current trend of adult custody legislation,and the specific institutional content.I believe that the promulgation of the General Principles of Civil Law has terminated the debate on the legislative style of the adult guardianship system.It is the focus of China’s current legislation to improve and enrich the adult legal guardianship and adult sense guardianship system stipulated in the General Principles of Civil Law.