The Shortage Of Our Country’s Elderly Guardianship System And Perfect

Elderly guardianship system is the legal system to protect personal and property rights and interests of the elders. Although it is one of a micro system in civil law, it reflects the legal concern on elders’basic living conditions. Due to the spring up of global human rights concept and the call for the protection of vulnerable groups, great changes have taken place in modern guardianship system. Many countries change their traditional guardianship systems and replace with new concept and system structure by legislation. Our country also should conform to the trend of The Times and adapt to the requirements for protection of the rights and interests of the elders. Through the joint efforts of academic and practical departments, our country in2013launched a new "Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly". In this new law, an article which provides self-determined guardianship of the elders has opened a new chapter of elderly guardianship system reform in our country. The pale of the legislation of guardianship system and adult guardianship system of our country will open a new round of new guardianship system research and argumentation.The first part of this paper is a summary of elderly guardianship system as a whole. which discuses the background of building a elderly guardianship system in two aspects, the necessity and feasibility of setting the elderly guardianship system. It also provides the concept. characteristics and classification of elderly guardianship system. And from the perspective of the historical origin, the paper combs the historical evolution of elderly-guardianship system. The second part analyzes the shortage of elderly guardianship system in our country, which expounds guardianship system and elderly guardianship system respectively, with the angle mainly on law provisions, the judgment of the capacity for civil conduct, legislation technology, the rights and obligations, monitoring program, the types of the guardian and the selection of monitoring, supervision mechanism, national public power, and many other aspects. Only if you know the insufficient can you know how to improve. The third part provides the contents on how to perfect. It starts with the theory and expounds the type and level of the elderly guardianship, the alteration and termination of elderly guardianship, the selection, responsibilities and rights of guardian’s, the guardianship supervisor and the intervention of public power. It also provides how to build and perfect our country’s elderly guardianship system with concrete opinions and suggestions.It is still a long way to go for the development of China’s elderly guardianship system mature and perfect. In order to provide full protection on the rights and interests of the elderly, it needs to make accurate analysis of elderly guardianship system, which combined with foreign successful experiences and China’s reality and to discuss building complete organizational and regulation system of China’s elderly guardianship. On the one hand, the perfect of the elderly guardianship system benefits the improvement of China’s civil legislation and supervision system. On the other hand, the perfect of the system will be coordinated with "Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly ", which can provide the elders with more comprehensive and humanized protection and assistance.