| Since ancient times, our country has a tradition of respecting the old virtues, with the development of society, the country gradually entered the aging society, an aging population is increasing evidently. How to protect the rights and interests of the elderly has attracted more and more attention. The problem of how to protect the rights and interests of the elderly is not only a family problem, but it also is the whole country and society issues, related to the thousands of households, related to the national economy and reform, development and stability. Therefore, under the current rule of law society background, a sound legal system to protect rights and interests of the elderly and sound related measures are needed urgently. This article aims to study the basic theory of the aging society and the rights and interests of the elderly, as well as the advanced countries experience for reference, analyzing the shortcomings of the present situation of the elderly’s rights and interests in our country, to discuss what legal system we should build and what related measures we should take under the current situation.This paper mainly divided into five parts.The first part is the aging society and the rights and interests of the elderly. First, make a definition for the measure standard of the aging of the population,also briefly introduced the general situation of the elderly in our country at present. Then from different aspects to make a brief analysis about the problems exist in an aging society,such as economic development, social safety, family safeguard, social security and the elderly of their own development and so on. Secondly, from the standpoint of basic theory of view, not only introduce a define standard for the elderly as well as our elderly Protection Act has adopted,but also focuses on the basic content of the rights and interests of the elderly.The second part is the ideological origins and the realistic foundation of the elderly’s rights and interests protection. First of all, put forward an illustration of the ideological origins of the elderly’s rights and interests protection from the two aspects humanitarian foundation of morality and the social contract theory on the basis. And then from two perspectives:the practical needs of an aging society and the inherent requirements of sustainable social development, made a reasonable analysis for the real foundation elderly Protection.The third part is the present situation of the advanced countries’ elderly Protection. This section is divided into two small parts. Firstly introduced the general situation of the foreign legislative protectionlegislative protectionlegislative protection mode to protect the rights of the elderly,that is the two legislative protectionlegislative protectionlegislative protection modes exist in extraterritorial advanced countries to protect the rights of the elderly, namely decentralized and specialized legislative protectionlegislative protectionlegislative protection modes to protect the interests of the elderly. Then take the United States, Germany, Sweden, Japan and Korea for example, to introduce advanced foreign experience to protect rights of the elderly, in order to point the way for our aging work from the perspective of comparative law, to help improve our related systems.The fourth part is the overview of the protection of the rights and interests of the elderly in China legal system. Firstly introduced the basic composing of the elderly in China’s current legal system of the protection of the rights and interests. And then mainly analyzed some defects exist in the legal protection system of rights and interests of the elderly.The fifth part is some thinking to perfect the old people’s rights and interests guarantee and relief system. This part tries to set up some suggestions and ideas for the construction of the protection of rights and interests of the elderly legal system and the relevant measures from three aspects:perfect the relevant protection of the rights and interests of the elderly legal system, establish and improve the related supporting measures and other ideas about the construction of our country current situation of elder rights protection legal system and the related coordinated sets of measures, on the basis of former four parts. |
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