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On Rights And Interests Protecton Of The Elderly In The Aging Society

Posted on:2013-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:S S ChenFull Text:PDF
GTID:2246330371489952Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The aging population is the dynamic process that the population due to the number of youngpeople to reduce, the number of elderly people to increase caused by a corresponding increase inthe proportion of elderly population. Usually the proportion of the population to total populationover the age of60to10%or more than65years of age population to total population of7%isregarded as a country or region into an aging society standard. The elderly as a special group,special safeguard their legitimate rights and interests should be the state and society. China has alarge population, the proportion of elderly population is increasing year by year To protect thelegitimate rights and interests of older people are also increasingly cause the focus of state andsociety Although China enacted in1996, the Law on the Protection of the rights of the elderly. Butthrough10years of development, this law in real life to protect the legitimate rights and interestsof older people did not achieve the desired effect. And because some of the problems of thelegislation itself, which results the protection of legitimate rights and interests of older people. Butthere is no actual role in judicial practice.In recent years, the case of the legitimate rights and interests of older persons are violatedhave occurred. This greatly hindered the progress of society and the process of the rule of law inChina A serious impact is on the stability of the state and society Population aging society today,to protect the legitimate rights and interests of older people are getting more and more nationalattention. China is one of the early entry into the country of the aging society, and fast and theaging process, the degree of economic development lags far behind the aging process. China isfacing severe pressure of an aging population Protection of their lawful rights and interests of relations with the country’s prosperity, stability and long-term stability. In an aging society, weshould focus on the protection of the legitimate rights and interests of older persons. The problemof aging population in China is facing a high degree of aging, and fast aging process and oldbefore getting rich series of objective questions, this have an pension burden to the state andsociety.For better protection of life of older people to protect rights and health needs,thegovernment shall establish and improve related measures in order to better be addressed.Therefore, the aging society, how to effectively protect the legitimate rights and interests of olderpersons become a very worth our study.To fully protect the legitimate rights and interests of the elderly, first of all we should payattention to the issue of aging, aware of the aging brought to the state, society and family stressand crisis. Second, we must analyze the current situation of the rights of the elderly against theelderly enjoy the special interests and practice, practices and developed countries through theanalysis of the relevant legislation to study the development of adequate measures to be addressed.Protection of the Rights and Interests of the Elderly Act, developed by China in1996, largelyguided fine tradition of a respect and care for the old pension, can be described as a big stepforward in the process of rule of law, however, also exist in more than10years of theimplementation process. Some problems need to be analyzed which focused on proposedmeasures. Most of the security work of the rights of the elderly in developed countries is leadingthe world, their experience and measures worthy of our study, in line with China’s actualconditions, experience and practice can also be appropriate for us. The problems of protecting therights of the elderly in China are inadequate laws and regulations are not perfect. Between thedifferent legal provisions on the protection of the rights of the elderly conflicting, this results in operational difficulties of Justice. The social security system to protect the rights of the elderly isnot perfect, and the existing social security system of urban elderly and rural elderly peoplesuspected of discriminatory. Citizens of the pension the traditional concept of a single, especiallythe reluctance to accept the Community pension, old age institutions pension model. Citizens ofthe pension the traditional concept is single, especially the reluctance to accept the Communitypension, old age institutions pension model To solve the above problem, we must formulate andrevise the relevant laws and regulations of the legitimate rights and interests of older persons. Forexample, we should analysis of the inadequacies of the Rights and Interests of the ElderlyProtection Act and learn from the advanced developed countries legislation. Form a sound securitysystem of elderly legal rights, establishing a sound social security system, including medicalinsurance, pension insurance, the elderly and old medical care, a sense of security. But also in thewhole society we should advocate the concept of respect and care for the old pension to form agood atmosphere of universal care for the elderly. Finally, the Government shall establish a socialpension institutions, and to encourage and support civil society organizations and theestablishment of a social pension institutions, and the standardization. The government should alsogradually guide the pension concept of civic transformation, the formation of diversification ofpension mode.
Keywords/Search Tags:population aging, aging society, the rights and interests of the elderly
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