A Study On The Legal Issues Of Adult Guardianship In China

The term guardianship,which is familiar to most of us,is popularly understood to mean the maintenance,upbringing and maintenance of a person who lacks a civil capacity,and the exercise of Civil Law on his behalf,so that the ward has a good living environment,can grow up healthily or can enjoy the old age.As for the general understanding,there are more guardianship for minors,because of the characteristics of the stage of physical and mental development of human beings,minors in this age group are not physically and mentally developed and can not carry out civil acts completely.Guardianship has far-reaching significance.On the one hand can meet the physical and mental development of minors in the process of civil activities,on the other hand can protect minors to avoid being involved in many civil disputes.China’s economic development is particularly rapid,socio-economic transformation and upgrading,as far as the country is concerned,the gap between the development of various regions,resulting in more left-behind child custody problems,many hot spots.It is not only the minor that has the problem of guardianship,but also the adult that has the problem of guardianship.The problem of the aging of China’s population is becoming increasingly serious.Due to the general improvement in living standards,the average life expectancy has reached more than 70 years,people’s life expectancy has been extended,and there are more patients with senile dementia and senile psychosis,there is an urgent need for adult guardianship.On the one hand,adult guardianship is urgently needed to safeguard their legitimate rights and interests.On the other hand,the current legal system of adult guardianship in China has yet to be considered,there is no uniform standard to guide the judicial practice in dealing with legal issues of adult guardianship,which results in different cases being handled in actual judicature,or even if the decision is made in strict accordance with the law,the issue of adult guardianship can not be resolved,nor can the urgent need for adult guardianship to safeguard its legitimate interests be resolved.On the one hand,the guardianship system needs to be improved in legislation,it is necessary to improve the legal system of adult guardianship,including the norms of legal provisions,the details of specific provisions and the enactment of corresponding legal interpretations.Explain things like what is guardianship? How is guardianship determined? What factors should be considered in determining guardianship capacity? How to choose a guardian? What are the criteria for choosing a guardian? How should the best interests of the Guardian be interpreted? How to protect the interest of the ward when the Guardian is absent? Should the guardianship of the guardian of an adult be revoked?What are the criteria for revocation of guardianship? These problems are both theoretical and practical problems that need to be considered.In this paper,three cases of analysis,through the analysis of the court in adult custody disputes in the use of legal provisions in the judgment of ambiguity,in the legal analysis of the loopholes,in view of the existence of different court decisions to focus on the analysis of the custody of legal provisions in the existence of ambiguity caused by the root problem.This paper is divided into three parts,which are divided into three parts.The first chapter is the brief introduction of the three cases,mainly introduces the basic facts of the selected cases,the focus of the court’s disputes,the legal analysis made by the court,and the second part is the legal analysis of this article,the legal analysis of the current judicial situation of adult guardianship in China: The selection standard of adult guardianship Guardian and the protection of the rights and interests of the ward when the Adult Guardianship Guardian is absent;The rights and interests of the ward shall be protected when the Guardian fails to perform the duties of guardianship.The last part is the summary and the research enlightenment,which is used to present the adult guardianship legal system and the judicial practice oversight to provide for the reference opinion and the suggestion.The article is the author after consulting class case,read a large number of reference after writing,but there are still many omissions,also hope that scholars,experts criticism.