Modern Transformation of Adult Guardianship System
Modern Transformation of Adult Guardianship System
East China University of Political Science and Law
2017年1卷第1期 页码:112-143
DOI:
Accepted:
Scan QR Code
LI Xia. (2017). Modern Transformation of Adult Guardianship System. 社会政策评论(英文版), 1(1), 112-143.
LI XIA. (2017). Modern Transformation of Adult Guardianship System. Social Policy Review, 1(1), 112-143..
LI Xia. (2017). Modern Transformation of Adult Guardianship System. 社会政策评论(英文版), 1(1), 112-143.DOI:
LI XIA. (2017). Modern Transformation of Adult Guardianship System. Social Policy Review, 1(1), 112-143.. DOI:
Modern Transformation of Adult Guardianship System
PDF下载
摘要
Abstract
The current adult guardianship system has clearly shows the following trendsfrom the global perspective: the transformation from the guardianship model of medical care to human rights; the changing of overall guardianship to partial guardianship; the expansion of the number of users; the diversification of protective and supportive measures; oritention with voluntary guardianship and supplement by legal guardianship. However
the adult guardianship system in China still falls behind the growing trend of mainstream adult guardianship around the world. As a signatory to the Declaration on the Rights of Disabled Persons
the legislation in China should be based on the reality of our aging society and complied with current international trends
to establish an adult guardianship system according to the model of human rights guardianship; respecting the principle of self-decision
minimum limitation
and capacity presumption; expanding the scale of adult guardianship users; and taking voluntary guardianship agreement as major supervision method. Meanwhile
we should establish the center position of limited supervision in legal guardianship
and set up measures of guardianship
protection and assistance on this basis. At the same time
to improve the article 26 in Elder Law and to build up a guardianship and supervision system adpoting Mental Health Act and relevant administrative regulations as its important parts.
关键词
Keywords
human right guardianshippartial guardianshipvoluntary guardianshipguardianship and supervision