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The References and Framework Establishment of the Adult Guardianship System

Author: TianYu
Tutor: ZhouShaoQiang
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Adult Guardianship Casual Guardianship System Improvement
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 63
Quote: 1
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Abstract

Adult guardianship system is a legal system that gives legal protection for adults with mental, intellectual and physical defects. The system, which originated in the latter part of the Roman clan society, having more than a thousand years of history so far, is a traditional system of civil system. However, in contemporary society, adult guardianship system as well as many other old systems in the Roman law has irreplaceable role in the specification. Most countries establish adult guardianship system. With the changes in social life, the original requirements of adult guardianship system based on the traditional civil law sys-tem can not satisfy the needs of modern society. Since the middle and late 20th century, the main civil law and common law countries have reformed the adult guardianship system in a large-scale, modified and developed a new adult guardianship system, which the original administrant guardianship way is replaced by protecting oneself and respecting oneself own decision. This evolution reflects the advanced legislation trend of the twenty-first cen-tury and will be more conducive to protect the interests of the protected persons.The development of the adult guardianship system of China was late. Chinese present adult guardianship system is mainly found in "the General Provisions of the Civil Law" and "the Supreme People’s Court’s Views on the Implementation of the General Provi-sions of the Civil Law". Because at that time the legislative technology and the social condition were in a particularly historical period, the provisions about the guardianship system were too principled, too generalized, relatively poor maneuverability. With the rapid social and economic development, property relations and family relations are beco-ming increasingly complex; the old guardianship system about adult guardianship system’ specification exists in legislation ideas and technologies backwardness, lack of specific content and is bad for protecting the mentally ill, the elderly persons, the physical impairment and the bad hobbies and many other problems that have become increasingly to highlight and further faced with new challenges. We can see that the reform of the adult guardianship system has become essential. The purposes of this article are to focus on the living conditions of this group and to defend their basic human rights, to obtain the balance of private rights protection and social stability.This paper uses comparative research method, through investigation the civil law and common law major countries in the reform of adult guardianship system, to analysis the main flaws and deficiency of the existing guardianship system of our country. In summing up and learning the experiences of other countries, and combining the actual situation in our country, this paper proposes amendments correspondingly to the existing guardianship system, such as new concept absorbed, system rebuild, and relevant law system establish-ment or modification. I hope that through my superficial research that is for construction of an appropriate adult guardianship system and provides referential significance.

The References and Framework Establishment of the Adult Guardianship System

Abstract

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