论我国成年人监护制度改革
发布时间：2019-01-23 07:20
【摘要】：成年人监护是对由于精神、身体和智力状况等原因在法律上需要特别保护的成年人给予帮助的法律制度。成年人监护制度始于罗马法，至今已有一千多年的历史。成年人监护制度虽然是一项古老的制度，但它和罗马法许多其它的规定一样，在现代社会仍然发挥着重要的规范作用。 近年来，，随着全球人口老龄化趋势的加剧、社会生活复杂度的增加、社会文明的不断发展，成年人监护制度的原有规定已经不能适应现代社会的需要。因此，世界主要发达国家先后对其成年人监护制度进行了改革和完善。这些改革出现了一系列共同趋势：法律更全面地介入监护关系，更多地尊重被监护人的意志，更细致地区分被监护人的需求，为生活中的弱者提供更人性化的保护和支持，确保他们与其他人平等地实现法律赋予的权利等等。欧美等国和日本已相继废止了禁治产宣告制度，并配合各国的实情，吸收“保护知能障碍者本人”、“尊重本人的自己决定权”、及“维持本人生活正常化(normalization)”等新理念，修改并制定了新的成年人监护制度。这些都体现了二十一世纪先进的立法趋势，即更加注重对人权的尊重与保护。 新中国关于成年人监护制度的规定始于1986年，我国现行法律就成年人监护制度的规定主要体现在《民法通则》第16—19条和《最高人民法院关于贯彻执行民法通则若干问题意见(试行)》的相关条文中。这些规定构成了监护制度的基本内容，包括对监护人的范围和顺序的确定、监护人的职责等。这些规定近二十年来没有太多变化。不可否认，这些规定在制定之初起到了很好的规范与指导作用。但是随着时代的进步、社会生活情况的变化，我国关于成年人监护制度的现行规定已经远远不能满足人们的要求。其突出表现是立法思路和立法技术落后、具体内容不完整、有缺陷。对有精神障碍、年老、身体障
[Abstract]:Adult guardianship is a legal system that helps adults who require special legal protection due to mental, physical and mental conditions. The system of adult guardianship began in Roman law and has a history of more than one thousand years. Although the adult guardianship system is an ancient system, it still plays an important normative role in modern society like many other provisions of Roman law. In recent years, with the aggravation of the global population aging trend, the increasing complexity of social life and the continuous development of social civilization, the original provisions of adult guardianship system can no longer meet the needs of modern society. Therefore, the world's major developed countries have reformed and improved their adult guardianship system. These reforms have resulted in a series of common trends: more comprehensive legal involvement in guardianship, greater respect for the will of the ward, a more detailed division of the needs of the chaperoned, more humane protection and support for the weak in life, Ensure that they realize their rights under the law on an equal footing with others, etc. Countries such as Europe, America and Japan have abolished the proscription system of proscription of property one after another, and in keeping with the facts of other countries, they have absorbed new concepts such as "protecting the persons with knowledge and disability", "respecting their own decision-making power" and "maintaining their normal (normalization)". The new adult guardianship system has been revised and established. All these reflect the advanced legislative trend of 21 century, that is, pay more attention to the respect and protection of human rights. The regulations on adult guardianship in New China began in 1986. The provisions on adult guardianship system in the current law of our country are mainly embodied in articles 16-19 of the General principles of Civil Law and the opinions of the Supreme people's Court on the implementation of the general principles of civil law (on trial). These provisions constitute the basic contents of guardianship system, including the determination of the scope and order of the guardian, the duties of the guardian, etc. These regulations have not changed much in the last two decades. Undeniably, these regulations have played a very good role in the regulation and guidance at the beginning of the formulation. However, with the progress of the times and the changes of social life, the current regulations on adult guardianship system in China have been far from satisfying the requirements of people. Its outstanding manifestation is the legislation thought and the legislation technique backwardness, the concrete content is not complete, has the flaw. With mental disorders, old age, physical handicap.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D923
本文编号：2413591
[Abstract]:Adult guardianship is a legal system that helps adults who require special legal protection due to mental, physical and mental conditions. The system of adult guardianship began in Roman law and has a history of more than one thousand years. Although the adult guardianship system is an ancient system, it still plays an important normative role in modern society like many other provisions of Roman law. In recent years, with the aggravation of the global population aging trend, the increasing complexity of social life and the continuous development of social civilization, the original provisions of adult guardianship system can no longer meet the needs of modern society. Therefore, the world's major developed countries have reformed and improved their adult guardianship system. These reforms have resulted in a series of common trends: more comprehensive legal involvement in guardianship, greater respect for the will of the ward, a more detailed division of the needs of the chaperoned, more humane protection and support for the weak in life, Ensure that they realize their rights under the law on an equal footing with others, etc. Countries such as Europe, America and Japan have abolished the proscription system of proscription of property one after another, and in keeping with the facts of other countries, they have absorbed new concepts such as "protecting the persons with knowledge and disability", "respecting their own decision-making power" and "maintaining their normal (normalization)". The new adult guardianship system has been revised and established. All these reflect the advanced legislative trend of 21 century, that is, pay more attention to the respect and protection of human rights. The regulations on adult guardianship in New China began in 1986. The provisions on adult guardianship system in the current law of our country are mainly embodied in articles 16-19 of the General principles of Civil Law and the opinions of the Supreme people's Court on the implementation of the general principles of civil law (on trial). These provisions constitute the basic contents of guardianship system, including the determination of the scope and order of the guardian, the duties of the guardian, etc. These regulations have not changed much in the last two decades. Undeniably, these regulations have played a very good role in the regulation and guidance at the beginning of the formulation. However, with the progress of the times and the changes of social life, the current regulations on adult guardianship system in China have been far from satisfying the requirements of people. Its outstanding manifestation is the legislation thought and the legislation technique backwardness, the concrete content is not complete, has the flaw. With mental disorders, old age, physical handicap.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D923
【引证文献】
相关硕士学位论文 前6条
1 黄晓帆;论我国成年人监护制度的完善[D];厦门大学;2008年
2 宋云明;论我国老年人的监护制度[D];西南大学;2009年
3 李颖;成年人监护制度研究[D];苏州大学;2009年
4 邱立伟;成年意定监护制度研究[D];山东大学;2009年
5 邢慧玲;论我国成年意定监护制度的建构[D];山东大学;2012年
6 贾凯;我国精神病人监护制度研究[D];甘肃政法学院;2012年
本文编号：2413591
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