Study Of The Elderly Care System

Our country has stepped into the aged society since 1999 and the aging extent is gradually deepened, which have a far-reaching impact on the country's social, political, economic and other areas. Against this background, the problem of protecting the elderly's rights and interests comes to the fore, though there is no satisfactory answer to it under the existing law system. Therefore, it is imperative that an old-aged guardianship system should be set up to deal with the aging tendency and strengthen the protection of the elderly. This paper is aim to discuss how to construct the old-aged guardianship system under the guidance of modern guardianship concept.The theme of this paper is"a study of the old-aged guardianship system", which has the following implications: First, to feel after a solution for the aging problem of our country from the aspect of private law. Since the present studies of the aging problem mainly focus on the areas of sociology, economics, demography and medicine, the study from the aspect of private law is comparatively unsubstantial. Second, to improve the guardianship system of our country. For a long time, our country's theoretical research and legislation have laid particular stress on the minor guardianship system, while showing a particular lack of research on the adult guardianship system, especially on the old-aged guardianship system. Third, to make a little contribution to the regulation constitution of the old-aged guardianship system of the civil code in the pipeline.This paper includes three parts: First, a comparative study of the old guardianship system with foreign countries'legislative reform of the adult guardianship system as its center. In order to provide some useful references for constructing our country's old-aged guardianship system, this part first introduces the adult guardianship systems in France, Sweden, Germany, Japan, England and America respectively, and then makes a comparative analysis of these countries'reform background, the defects of their guardianship system before reform and the features of the guardianship system after reform. Second, the social function of the old-aged guardianship system with the mainland as its focus. Starting from the social reality of aging in our country, this part analyzes the specific circumstances of our country's aging population, the present legislative reality of the protection of the elderly's rights and interests, and the new idea of protecting the human rights of the disabled.Third, the specific construction of the old-aged guardianship system with the mainland'legal system as its core. On the basis of analyzing the inadequacy of our present guardianship system, and with full reference of foreign countries'successful legislative practice and useful precedents and theories, this part gives some suggestions of constructing the old-aged guardianship system in the hope of making a little contribution to our country's facing to the social reality of aging and our civil code'regulation of the old-aged guardianship system.This paper applies diversified methodologies with comparative jurisprudence as the core: probing into the reform processes of the adult guardianship systems in France, Sweden, Germany, Japan, England and America and summing up their reform backgrounds by historical analysis; revealing the features of the reforms of the adult guardianship systems in the main countries of two genealogies of law by empirical analysis; elaborating on the social functions of the old-aged guardianship system in mainland China society by the methods of sociology, law sociology; and finally supplying an"ought to be"institutional framework for the old-aged guardianship system with the social reality of aging in our country.