Research On The Legal Protection For The Old People's Rights

At present, old people aged over sixty in China have taken up eleven percent of the whole population. According to the international standard, China has already stepped into the society of aging population. The white paper entitled The development of Chinese aging cause issued on February 12^th, 2006 indicates that China has realized the seriousness of the problem of aging population. This sticky problem even faces the developed countries in Europe and America and becomes a headache for the governments related. The American scholars call it an unprecedented social phenomenon. The pressure put on China is higher than on developed countries since the rapid development of aging population makes the number of Chinese old people larger. Obviously, the society of aging population causes many social problems, such as the provision for the aged, the medical care and the guarantee. People particularly focus on how to solve these problems. In the 21^st century, the effect of law has penetrated into every corner of the society and people make good use of it to solve all kinds of social problems. With the development of Chinese aging population, how to solve the sticky problem and how to protect the legal rights of the old from the perspective of law will be a meaningful research topic for China and for other countries all over the world. In order to protect the rights of the old, China has already promulgated the law of protecting the rights of the old people in people's republic of China in 1996 and later certain rules related to it are gradually published. Faced with the sticky problem of aging population, however, they are no longer fully effective. The law protecting the old people's rights faces a new challenge. If we want to fully and effectively protect the legal rights of the old and at the same time do not interfere with the development of Chinese economy, we should make a serious study of the law concerning the legal rights of the old in advance.This paper mainly applies the methods of connecting theories to practice, comparative analysis and research analysis to make a deep study of the law of protecting the rights of the old. It consists of the following four parts.The first part is about the theoretical foundation. It elaborates on the meaning, the sources of thoughts, the theoretical basis of the law of protecting the rights of the old and particularly explains its meaning to prove the importance of this law.The second part expounds the rights that the old share. It starts from analyzing the rules to conclude that the old have shared rights in the five aspects.This third part first probes into the methods of protecting the old and then makes a detailed analysis of various forms infringing on the old people's rights. Finally, it points out the potential problems lying in the present law of protecting the ole people's rights from the perspective of the enactment of law, the effect of law, social security and the old themselves. The paper puts forth new ideas on analyzing the law from the point of view of the effect of the law.The fourth part puts forward the measures of the law of protecting the old people's rights in the following six aspects: (1) strengthening the enactment of the law and perfecting the system; (2) strengthening the enforcement of the law and building perfect law security network; (3) building a household society—individual old-age insurance; (4) continuously giving full play to the family effect to safeguard the old people's rights; (5) devoting major efforts to developing the old industry; (6) improving the effect of the law of assisting the old to safeguard their legal rights.