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On the lack of adult guardianship system and perfect
Author: OuDongZuo
Tutor: FengZhongMing
School: Yunnan University of Finance
Course: Civil and Commercial Law
Keywords: Guardianship Adult guardianship Legal guardianship Commissioned guardianship
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 97
Quote: 0
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Abstract
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Adult guardianship system is an important civil legal system , national legislation establishing this system . The main targets of this system to protect adult mental patients and mental decline with the full recognition of the ability of adults , especially the elderly , to occupy a large proportion . Adult guardianship system through adult obstacles personal protection , property management , and agent participation in civil activities to supplement the capacity of disabled persons , and to protect their civil rights while maintaining social harmony and stability . Whether domestic or foreign adult guardianship legal system , too many restrictions and even deprived of the capacity of the incapacity , ignoring the presence of residual capacity , is not conducive to the protection of adults . To date , with reference to the foreign guardianship legislation , the adult guardianship law in our country has made great progress , but overall, our adult guardianship legislation is almost in a blank state , the the existing Guardianship Act has legislative style unscientific , guardianship target range too narrow , antiquated concept of guardianship legislation , the contents of the legislation is missing a lot of defects , and build our adult guardianship system , these defects must be taken into account and compensate for . With the rise of the ideas of human rights in the international community and the soundness of the legal system , civil law and common law Asian countries have adult guardianship system reform . New system to absorb the \This philosophy is the advanced legislative ideas of this century , the greatest degree of maintenance of my interests . Meanwhile , due to the complexity of the economic and social , China's psychiatric and dementia patients also increased dramatically . Properly care for the health of the elderly and the proper management of the property of the elderly and dementia patients has become an urgent need to resolve things . It is not only related to the maintenance of transaction security , but also related to the development of a harmonious society in China . To our adult guardianship system is able to adapt to the social development and integration with the international legal system , the reform of the legal system of the adult guardianship imperative .
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CLC: > Political, legal > Legal > Chinese law > China and France
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