| Aging has become the trend of globalization, China as the biggest developing country in the world, the aging situation is more serious. Severe under the background of population aging in our country, discusses how to make the guardianship system play a better protection of the function in the elderly is particularly important. At the legal level to explore about the guardianship system in China is very few, lack of legal research results, is the lack of legal practice. The provisions of the existing guardianship system in China, far failed to meet the pressing needs of the aging society. "General principles of the civil law" in monitoring objects only minors and the mental patient, not including the care of other adults. December 28, 2012, the revised "the protection of old people’s rights provisions of the China’s elderly guardianship system, and by, however, no provisions of the guardianship by specific implementation method. "Marriage law" to support the main body of the scope of the definition is not complete, to support such as not clear legal responsibility of obligor.The establishment of our country’s legislation on the elderly guardianship, execution, supervision, etc. With an aging population problem is increasingly serious, to include the protection of the elderly in guardianship system system has become a trend. It is necessary to draw lessons from the experience of other countries, set up and improve the related theory and legislation of guardianship system, safeguard the legitimate rights and interests of the elderly. |
