Analysis on the Current Adult Guardianship System from the Perspective of Codification of the Chinese Civil Code

DOI

10.2991/jahp-18.2018.146How to use a DOI?

Keywords

adult guardianship; autonomous guardianship; guardianship supervision; civil code

Abstract

In the face of the outstanding situation of the aging of the society, there is a serious disconnection between the theory and practice of the current domestic adult guardianship system, and the existence of the guardian is not completely covered. the system design is preconceived in the first place — taking the defect of the person under guardianship's behavior ability as the premise, taking guardians as the center, ignoring the wishes and maximization of the person under guardianship' interests, absence of custody supervision system and guardianship Property Liquidation System, the abuse of the guardian's rights , etc. At present, when the civil code of our country is compiled, involving the arrangement of the content system and logical structure of the civil code, the new research on adult guardianship system is of great value in theory and practice, the scope of application of the subject should be expanded moderately, the adult guardianship system should be decoupled from the behavioral capacity system, the simple and rude "one-size-fits-all" should be abandoned when the guardianship procedure is started, and the relevant legislation of the “Dutch Civil Code” should be consulted, to implement trust management and flexible protective guidance to adult guardianship, to establish and perfect guardianship supervision system, to scientifically and comprehensively examine the subject qualification of guardians and to limit their rights, the adoption of such a series of legislative provisions makes the current system of adult guardianship in the Civil Code of our country, which is now being codified, in line with the concept of international human rights protection.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiangyu Chen
PY  - 2018/08
DA  - 2018/08
TI  - Analysis on the Current Adult Guardianship System from the Perspective of Codification of the Chinese Civil Code
BT  - Proceedings of the 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018)
PB  - Atlantis Press
SP  - 716
EP  - 720
SN  - 2352-5398
UR  - https://doi.org/10.2991/jahp-18.2018.146
DO  - 10.2991/jahp-18.2018.146
ID  - Chen2018/08
ER  -