| With the development of the technology and economic, the elderly population continues to grow, but the state has neglected to take care of the vulnerable groups. According to the latest national census in our country, the proportion of the elderly is increasing gradually, so the elderly become an important part of our society and we inevitably enter the aging society. All these realities force our country must quickly find the system which can effectively protect the rights of the older generation in all aspects.Although China has many laws and regulations on protection of the rights and interests of the elderly, such as the support system in Constitution, Civil Law and Marriage Law, as well as the legacy support agreement in the Law of Succession, these laws are scattered pieces and general provisions on the protection of the elderly. The laws that specifically for the protection of old people’s rights currently in China are the Law on the Protection of the Rights and Interests of Elderly People, which is not enough. Especially on the elderly guardianship, if the elderly did not meet the criteria of mental ill, there is no guarantee of guardianship system before 2013. Even when the original edition of the Law on the Protection of the Rights and Interests of Elderly People had a major modification in 2012, these rules are just general provisions, and it does not fully protect the rights of the elderly. But with the percentage of the old people continuing to grow, it is becoming more and more urgent to reform the elderly care system which is not applicable. So this paper intends to explore how to perfect our elderly caring system from the perspective of law. This paper therefore intends to explore how to improve our system of elderly care, which stands on the legal aspects of the protection of rights and interests of the elderly from four parts.The first chapter mainly expounds the basic theory relating to elderly care system. It consists of three parts, which explains the concept of the elderly care system in the first part, the historical origins of elderly care system and the necessity of improving the elderly care system in the last part. By analyzing the guardianship system, the definition of elderly care system, the historical origins and the problems of the guardianship system now, this paper proposes the necessity of improving the system of elderly care, meanwhile discusses the rights of the elderly can be perfectly protected by the elderly care system.The second chapter explains the latest regulations on elderly care system around the world from the perspective of comparative. It consists of three parts: the first part is about the elderly care system of representative civil law countries, such as Germany, Japan and France, which have its own legal characteristics; the second part is about the elderly care system of common law countries, which differ from the representative civil law countries on agency system; the third part compares the elderly care system in two different legal system countries. By the description of the elderly care laws in foreign countries, we could learn the change of modern elderly care system; especially form the concept of protecting the safety of transactions into the perceptive of protecting and respecting the elderly. Based on the comparative analysis of the advanced foreign legislative style, we could use for reference in the process of improving our elderly care system.The third chapter studies the current legal status and defects of elderly care system, which consists of two parts, one is about the legal status of China’s elderly care and the other is about the deficiencies in China’s elderly care. By discussing the legal status of elderly care system and comparing the difference between elderly care, support system, bequests and other dependents system, as well as pointing out shortcomings of existing studies concerning elderly care, this paper clearly indicates that China’s elderly care system is not perfect in all respects, therefore demonstrates the urgency of perfecting the elderly care system so as to protect the interests of the elderly.The fourth chapter discusses the things we can do to improve the elderly care system. This chapter consists of three parts, the first is about establishing legislative concept elderly guardianship system, such as Maintaining The Normalization Of Life, Respecting The Right To Self-determination, which in now prevalent in the world, the second part is about improving the legal system of elderly care entities, such as custody perfect sound, guardians and other remuneration right way and monitoring mechanisms and the third part is about properly resolving the legal issues relating to procedural aspects of elderly care system, including how to elective elderly guardian, as well as how to start and terminate the guardianship of the elderly. |
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