Research On Elderly Guardianship System

The guardianship system is an old and important civil law system, which can date back to ancient Rome. As an important part of the guardianship system, the elderly guardianship system is set up to protect the elderly who cannot deal with their own affairs. The guardians take care of the elderly and manage their property and other legitimate rights on the basis of respecting people under guardianship. With the rapid development of global aging population, the issue of the elderly has caused wide concern and high attention of every country. In order to meet challenges of the aging population, every country starts to revise or perfect the existed legal system or set up new legal system to strengthen the legal protection of the rights and interests of the elderly.Aging of population has been the basic population condition of China. China began to enter the aging society in1999. The aging process is accelerating after entering21st Century and China has become the first large elderly population state. The processes of aging society between developed countries and China are different. The aging population of developed countries is in line with their economic development while that of China is ahead of its economic development. China is the only country entering the aging society with low income, which has become a long-term overall problem that cannot be ignored in China’s economic and social development. How to protect the legitimate rights and interests of the elderly from the legal level is particularly important. It is urgent to establish a sound elderly care system to fully protect the elderly, their property and legitimate rights and interests.This thesis will study how to protect the elderly from a legal point of view from five parts so as to improve China’s elderly guardianship system.The first chapter illustrates the definition of the elderly guardianship system, which consists of three parts. The first part is the definition of the guardianship system. The second part is the definition of the adult guardianship system. The third part is the definition of the elderly guardianship system. Exact understanding of the definition of the adult guardianship system can lay foundation for the rational design of China’s elderly guardianship system.The second chapter points the problems of China’s elderly guardianship system, which is made up of four parts. The first problem is lagging system design philosophy. The second problem is the single guardian methods. The third problem is unreasonable selection of the guardians. The fourth is the unsound guardianship system. The problems and shortcomings of the adult guardianship system are the power to reform the adult guardianship system.The third chapter consisting of three parts is about the necessity of establishing the elderly guardianship system. The first part is how to meet the challenges of the aging society. The second part is to protect the legitimate rights and interests of the elderly. The third part is to perfect legal system of the guardianship system in China.The fourth chapter dates back to the historical origin of the elderly guardianship system in countries of continental law system and Anglo-American law system, which makes a detailed introduction of the achievements of reforming elderly guardianship in the adult guardianship system in Germany, Japan, France and Britain, the United States and China’s Taiwan region, so we can understand how the original guarding method evolves into the present guarding system protecting people themselves and respect their own decision. This has made great progress in legislative ideas, the contents of guardianship and guardianship methods. By comparison, we can learn more from the establishment of the elderly guardianship system.The fifth chapter is how to perfect the elderly guardianship system in China. This chapter consists of five parts, which are the legislative idea of elderly guardianship system; the guardian methods of the elderly; the selection of elderly guardian; the rights and responsibilities of elderly guardian; the supervision and guarantee of the elderly care. By studying the reforming achievements of the elderly guardianship and the realistic situation of our country, we will establish sound elderly guardianship system with Chinese characteristics to better safeguard the legitimate rights and interests of the elderly.