Dissertation > Political, legal > Legal > Chinese law > China and France

Research of Adult Guardianship System

Author ZhouYanLing
Tutor LiJun
School Southwest University of Political Science
Course Civil and Commercial Law
Keywords Adult Guardianship State responsibility Self-determination Normalization of life Meaning given guardianship
CLC D923
Type Master's thesis
Year 2011
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Adult guardianship system is the product of ancient Roman law to maintain the benefit of the family, but along with the rights of individual-based view of the establishment and development of the concept of the world's human rights protection, it is the countries civil legislation successors and development, and was given a new meaning and function, become an important part of the modern national guardianship legislation. Modern adult guardianship system pay more attention to the responsibility of the countries in the adult care, through state intervention with disabilities to obtain a more comprehensive protection. The establishment of the concept of self-determination with disabilities autonomy be respected, at the same time balance the relationship between the interests of the parties to the guardianship gives the guardian compensation claims and the right to resign. China's \physical disabilities, the elderly included in the scope of protection of adult guardianship, nor is it intended to set the guardianship provisions, which not only makes judicial practice difficult to operate, and can not effectively play the adult guardianship, in need of care protection physical disabilities and the elderly lack of protection, but do not help solve the problem of our aging society. Study adult guardianship system will be conducive to in-depth know where our care legislation, to provide theoretical support to improve the adult guardianship legislation, guardianship legislation to better protect the rights and interests of people with disabilities, and to promote social harmony. This paper is divided into four parts, about 35,000 words. The first part, An Introduction to adult care. First briefly the Adult Guardianship concept and the comparison is case with other related systems. Then traced the generation of adult guardianship system and modern successors and development. Finally, China's national conditions described the importance of the study of adult guardianship system is located. The second part, the development of modern adult guardianship system. First, a brief description of the modern development of the two legal systems adult supervision. Then reveals the root causes of the concept of promoting the change of the two legal systems adult guardianship system, namely, the right of self-determination and the normalization of life. Finally, the transformation of the modern adult guardianship system are described in detail, including the expansion of the scope of application of the adult care, adult care setting change on the four issues. The third part, the current adult guardianship system and its flaws. Here is divided into two parts, respectively, the status quo of China's legislative and institutional weaknesses are discussed. The main drawback of the current adult guardianship is the concept of the protection of human rights is seriously lagging behind the design of the system is seriously out of line with the reality of Chinese society and existing legislation is defective. The fourth part of my adult guardianship system. First departure from perfect Adult Guardianship Guidance and Legislation concept of adult guardianship legislation should follow the guidelines clarify perfect. On this basis, the proposed solutions to improve our adult guardianship system, starting with the form to adjust the legislative system of guardianship, and then by expanding the scope of protection of the Adult Guardianship perfect guardian qualification as an additional guardian's right to resign, valued at care set of national responsibility, improve care oversight system to recognize the meaning given custody six guardianship system perfect.

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