| With the pace of aging population in China speeding up rapidly, old people’s rights protection and relief have become an arduous strategic task for us. In December2012, China revised the Senior Citizen Rights and Interests Protection Law which enriched and improved the content and the level of protection of the rights and interests of the elderly in China, but it also needs to be improved and perfected in the system of the rights and interests of the elderly relief. Singapore and Japan’s relief systems construction in the legal aspects of rights and interests of the elderly are walking in the forefront of the world. This paper employes the methodology of the comparative analysis, based on the reality of our country and draws lessons from Singapore and Japan’s experiences and practices. Based on such analysis, this paper gives some advices to perfect the legal relief system of rights and interests of the aged. This thesis is divided into four chapters.The first chapter overviews the basic problem of the rights and interests of the elderly. According to the second stipulates of China’s Senior Citizen Rights and Interests Protection Law,"the elderly refer to the citizens who are above60years of age." The rights and interests of the aged mainly consist of the old people’s ordinary citizens’ rights; and of the elderly people’s special group’s rights. China’s Senior Citizen Rights and Interests Protection Law is a special law which is designed to protect the rights and interests of the elderly which has played a great role in the protection of the rights and interests of the elderly. Nevertheless, there are some problems and the insufficiency of this law. The system of legal remedies for the rights and interests of the elderly includes judicial relief, administrative relief and social relief, and judicial relief in which litigation and mediation are included.The second chapter debates analyzes the strategy of the legal system of the rights and interests of the elderly in China. This chapter is divided into two parts:the first part of this chapter introduces the present situation of legal rights and interests of the elderly relief system in China which initially built the rights and interests of the elderly with Chinese characteristics of legal relief system including court litigation, mediation and administrative adjudication; the second part analyzes the existing problems in the system of remedy of the rights and interests of the elderly in China which mainly refers the imbalance difficulties of mediation and litigation, the litigation’s cumbersome procedures and difficulties of proof, and the lack of mediation agreement execution etc.The third chapter analyzes the rights and interests of the elderly of the system of foreign law relief in depth. Firstly, it introduces the background, the present situation and the successful experience of Singapore in the protection of the rights and interests of the elderly, especially the successful egime of the system, such as the agency of prosecution system, prosecution system, indirect legislation, and elderly court etc. Then, it explains the life of the elderly status, as well as Japan in the prevention of successful practice of the abuse of elderly people and the protection of the rights and interests of the elderly, especially the Japanese Prevention of Abuse of Elder Law provisions the elderly abuse reporting system.The fourth chapter argues the perfection of the relief system of legal rights and interests of the elderly in china. Firstly, it repositiones the remedies for the rights and interests of the elderly in China. Moreover, it elucidates the reasonable definition of mediation system status to strengthen the finality and authority of court proceedings. Secondly, it advices that China’s elderly rights relief system should be established, such as the the elderly court, the agent prosecution system, the indirect prosecution system, the flexible burden of proof system, the circuit trial system, the elderly cases of slow relief system, the mandatory judicial confirmation system, the China’s elderly abuse reporting system, and perfection of the old case law aid system, etc. |
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