Researches On The Elderly Guardianship System

Along with the constantly change of the family structure and the sustainable development of population aging,both the maintain of the elderly’s life and the protection of their interests are faced with many challenges.Meanwhile,the traditional adult guardianship system that the guardianship is determined only by the conduct ability,with its lag legislative ideal,narrow protected objects and rigid rules,can’t meet the needs of a new era.Besides,the propel of “Silver Tide” constantly highlights the flaws and loopholes of the old system,a new improved system is urgently needed in our country.This article aims to probe into some theoretical issues related to the elderly guardianship system,.People’s new status relating to the physical situation in China leads to a new define of some basic concepts.,the related legislations abroad can provide us with advanced experience,an exploration of our country’s old traditional system reveals that there is steel deficience needed further consummation,and the advice on bettering the elderly guardianship system will be put forward after exponding the related theory of scholars and investigating national conditions in our country.That is the architecture of the full text.In addition to introduction,the body of this paper can be divided into four parts:The first part is a general overview of the elderly guardianship system.At first,it defines the meaning of the aged and elderly guardianship systemon based on the new conceps of the international human rights.Then,it makes a comparison between the elderly guardianship system and maintenance,agent and other similar systems,After that,it will expond the nature,the object,the boundary and the innate charactersof the system.The second part introduces and analysis the legislation of the elderly guardianship system.It makes a comprehensive introduction on the related systems of Korea,Japan,England and America,including the guardianship settings, the guardian range, the guardianship duties,the guardianship supervision,and the guardianship variation and termination.After that,it can be discovered that,besides the level-guardianship system in Japan, the sustainability agent system in America and England,it has more far-reaching significance on the respect for the elderly’s will capacity.The third part illustrates and analyzes the current situation of the elderly guardianship system in China.From generation to establish of the guardianship system,historical background determined it’s backwardness.Firstly,we can grasp the structure through its subjects,objects, supervision and some other contents.And then,we can find that the existing elderly guardianship system in our country is still much imperfect.The fourth part is about the improvement in our country’s elderly guardianship system. It combines the grim situation,the new challenge,the views proposed by the scholars and judicial workers with the beneficial experience learned from other countries to put forward some good suggestions on the elderly guardianship system:First,the old saying that the beginning of the guardianship means fully taking-over should be abandoned,and a new legislative idea that respecting the old people’s own choices and keeping their normal life should be incorporated. secondly,the scope of the legal guardians should be expanded,the selection rules should be accordingly identified. Meanwhile, the level-guardianship and the mandatory-guardianship should also be established.Thirdly, the arbitrary guardianship should be detailed, thus achieving much more respcet for the old people’s will and better protection of their interests.