A Study On The Perfection Of The Supervision System Of Chinese Adults Guardianship

On October 1st,2017,General Provisions of Civil Law takes effect.Comparing to General Principles of the Civil Law,Article 28 and Article 33 in General provisions of civil law stipulate the adult legal guardianship and the adult arbitrary guardianship.Adult’s guardianship system refers to the system which protects adults incapacitated by mental illness who can not deal with affairs well.Different to minor’s guardianship,the former system protects adults aged over 18 years old who lose or partially lose capacity for civil conduct;the latter system protects minors aged below 18 years old,which is natural guardianship.Because of the difference of objects of guardianship,the guardianship supervision mechanism is also different from each other.In the aspect of supervision system of adult’s guardianship,the stipulations in General Provisions of the Civil Law basically are same as General Principles of the Civil Law.Even though it detailed the revocation and termination of guardianship qualifications,it still does not appear the supervision system of adult’s guardianship.In fact,it just regulates that guardians who do not perform guardianship responsibilities or harm wards’ lawful rights and interests shall bear legal responsibility other than supervision on the guardians’ conduct.Many issues are not solved including supervisory subject in disorder,supervisory content insufficient,little supervision from government.Based on the principle of Wards Best Interests and the principle of Respect for the Right to Self-Determination,Chinese supervision system of adult’s guardianship should adopt the two-way supervision mechanism which combines the supervision from government and the supervision form non-government through establishing special supervisor for guardian and enhancing the supervision from government.This thesis is named after A Study on Perfection of the Supervision System ofChinese Adult Guardianship.First of all,it is an introduction of basic theory of adult guardianship and the supervision system of adult guardianship;Then the author underlines the importance and necessity of the perfection of the supervision system of Chinese adult guardianship;and next compared to foreign legislation and doctrine,it draws a conclusion which are some suggestions of the perfection of the supervision system of Chinese adult guardianship.The thesis consists of four chapters,the first part introduces the concept of adult guardianship and the meaning of supervision system of adult guardianship.The second part is the analysis of the current legislation of supervision system of adult guardianship in our country and then point out its drawbacks in order that underlines the importance and necessity of the perfection of the supervision system of Chinese adult guardianship.In the third part,the author attaches an importance on a detailed introduction of Chinese adult guardianship legislation,and reveals different legislation of Germany,Japan,American,English and so on,which is followed by the judgments.The author draws some conclusions through these different models.Finally,the author aims to set a specific content about the system of adult guardianship supervision in our country.It tells the principles that the supervision system should follow which are the principle of Wards Best Interests and the principle of Respect for the Right to Self-Determination.And then it gives the detailed suggestion.It includes three aspects,which are establishing specific supervisor for adult guardianship,Examining the pre-supervision mechanism and post-supervision mechanism of adult guardianship supervision,Clearing dominance of public authority oversight.