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Research On The Starting Of The Adult Guardianship Supported

Posted on:2022-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2506306479952389Subject:legal
Abstract/Summary:PDF Full Text Request
China’s adult voluntary guardianship system is an important civil legal system evolved from the guardianship system for the elderly,which endows adults with full civil capacity with the right to choose their guardians by signing a guardianship agreement.Since 2017,China has implemented the General Provisions of the Civil Law,which has made new adjustments to the content of the adult intentional guardianship system.It includes clarifying the guiding ideology of adult intentional guardianship system,expanding the applicable scope of adult intentional guardianship subject,and formally establishing the legal status of adult intentional guardianship system,which officially opens a new chapter of adult intentional guardianship system in China.Adult guardianship system in the outside part by the development of the country has a mature,compared to the number of rules and perfect supporting system,the regulation of our country of adult guardianship by too general,there are ideas,system is not perfect,and poor operability,so need will be one of the important link in the form of legislation law,refinement,in order to satisfy the demands of the system in practice.Due to the complicated problems of adult intentional guardianship system,this paper mainly focuses on the initiation system of adult intentional guardianship,and discusses its improvement from two aspects of essential and formal requirements.The essential requirements for the initiation of adult voluntary guardianship mean that the ward shall meet the standard of "total or partial incapacity for civil conduct".However,this standard has drawbacks such as too narrow application scope and weak protection of the ward’s remaining will.Therefore,appropriate adjustments should be made according to the actual needs of the society and the concept of human rights protection.Form important document refers to the initiator of adult guardianship by,the regulation of our country at present to start the program there are many legislative blank,should assist to perfect the related system,including regulation of adult guardianship by start organs,clear is guardian of disabilities judgment standard,set the guardianship supervisor,etc.,in order to ensure the realization of the adult guardianship system by purpose.
Keywords/Search Tags:Adultguardianship system, Start condition, Capacity for act, Legislative style
PDF Full Text Request
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