A Study On The Guardianship System Of The Elderly In China

Early21st century, our country already entered an aging society, this to our country economic development, social development, political development has brought huge and far-reaching influence. Guardianship increasingly highlighted the importance of the problems in the real society, and the existing laws in China is not enough to solve the problem about the guardianship. Face the ages of the world trend, strengthen the protection of the elderly, to perfect our guardianship system is imminent. The purpose of this paper is to our current guardianship concept under the guidance of puts forward Suggestions on how to perfect our country’s guardianship system.In this paper,"the elderly guardianship system research" as the topic, thesis consists of five parts altogether.The basic theory of the first chapter for the elderly guardianship system. Mainly on the origin of the guardianship system, the meaning of the guardianship system, the characteristics of the guardianship system, elaborates the problems such as the nature of the guardianship system.The second chapter to foreign legislation and Revelations of the guardianship system. Mainly introduced Germany, Japan, Britain, the United States about the legislation of guardianship system, and concludes the enlightenment of foreign guardianship system.The third chapter for the defects of the system of guardianship in China. The shortcomings of the guardianship system in China is mainly embodied in the backward ideas of guardianship in the current monitoring system, the existing guardianship system in the monitoring scope narrow, the guardian selection rules from reality, the guardian of the rights and obligations is not balanced, the lack of care watchdog, etc.The fourth chapter consummates our country the necessity of guardianship. It is pointed out in this chapter are need to improve the system of guardianship, because this is a response to the need of ageing serious situation in China, the needs of the family endowment function degradation, respond to the needs of the social status of old before rich, maintaining the lawful rights and interests of the elderly need, help to achieve social generational fair.The fifth chapter for the perfection of the guardianship system in China. This part is the key paragraphs of article, this chapter on the basis of the experience of developed country for reference, respectively discusses the guardianship system in China should be followed by "to maintain the normalization of life I" concept and "respect for oneself to self-determination" these two ideas; To expand the scope of protected adults; The elderly guardian qualification, selection, and the perfection of the rights and obligations; And put forward the introduction of the monitoring and public monitoring by two systems of guardianship way; to be perfect Finally, to improve the supervision of guardianship aspects put forward some Suggestions.