Study On Elderly Guardianship In China

In21th Century, the aging of the population is sweeping the globe, caused the wide attention of the countries. Since the year of2000China has entered the aging society, the number of elderly population is the most in the world. Population aging has brought the profound influence on our social economy, people living and other areas of China. Since there are many defects in our current elderly guardianship system, it cannot maintain the legal rights of the aged effectively, and unable to cope with the challenge of population aging. So it is necessary to further improve China’s elderly guardianship system. This article is based on China’s actual situation, profits from the overseas advanced experience, and to put forward some feasible suggestions to improve China’s elderly guardianship system.The thesis consists of five parts:The first part defines the meaning of guardianship, adult guardianship system and elderly guardianship system, to clarify the relationship between the three. And discuss the relationship between the elderly guardianship system and support. By accurately grasping the meaning of the elderly guardianship system, so to laid the foundation for the design to improve the elderly guardianship system. The second part discusses the theoretical basis and the realistic foundation for the existence of elderly guardianship system, theory basis includes legal theory and law basis. The realistic foundation includes the challenge of aging of population, the weakening of family support function and to safeguard the legal rights of the aged. The third part analyses the legislative status of elderly guardianship system, such as the relevant provisions of the mental patient care in Chinese "Civil Law", and the provisions of Twenty-sixth of the elderly guardianship in Chinese "Senior Citizen Rights and Interests Protection Law", analyzes the elderly guardianship system from the current legislation. The fourth part studies foreign countries of the two legal systems for the elderly guardianship system reform, such as Germany’s care system, France’s special judicial protection system and Japanese’s adult guardianship system. From the legislative experience of overseas, then seek important enlightenment to consummate our elderly care system. The fifth part is to propose legislation suggestions for perfecting our country’s elderly guardianship system. It includes designing ways of perfection of the elderly guardianship system, proposing suggestions for the specific content of the elderly care system, and designing the laws for elderly guardianship system.