The Research On Guardianship Of The Elderly

By2000, China has become the aged society. Large scale and high speed in elderly people, which show a typical aged society but not rich. However, The Chinese academic research on the aging problems are mainly in sociology, demography and other fields. There is not much legal research on the problems of aging population. Some research has been done on elderly guardianship in Japan, France and Germany. But the research on guardianship of the elderly is still a blank in China. In order to meet the challenge of aging population, it is necessary to improve China’s guardianship system in the future Civil Code. To improve the elderly guardianship system in our country, the paper does the research on the following four aspects:The first part is the basic theory of the elderly guardianship system. They are concept, characteristics and significance.The second part introduces the adult guardianship system in countries of continental law system and reforms of the elderly guardianship system in Japan, France and Germany. Besides, construct Chinese elderly guardianship system to play a role in legislation by the comparative analysis.The third part introduces the status of the guardianship system in our country, compares the difference between the present and future for the system. So it is urgent to perfect the guardianship legislation.The fourth part is the construction of the elderly guardianship system. The author advocate that put the elderly guardianship system in the civil law in the future. It is certainly that we should do this in proper period. Besides, the success and failure practice of the system in the other countries should be accepted.