Study On The Elderly Guardianship System

Since China entered the aging society,the proportion of aging population of our country is on the rise,and in the next period of time will be in a rising state.Increase the number of elderly population with various diseases makes the elderly problems become increasingly prominent.Infringe the rights and interests of the elderly problems have occurred,the guardianship of the elderly is becoming more and more important.To solve the guardianship of the elderly in legislation,many scholars have carried on the discussion and Research on the elderly guardianship.Abroad the reform of the guardianship of the elderly,worthy of our reference.This article is divided into five parts to study the problem of the elderly guardianship:The first part is the introduction.It includes the background,significance,research status at home and abroad as well as the research methods and innovation points to lays the foundation for the writing of the whole article.The second part is the basic problems of the elderly guardianship system.First of all,the definition of the elderly guardianship system,introduced the definition of the elderly,analyzed the meaning and characteristics of the elderly guardianship,and the elderly guardianship system and easy to confuse the concept of distinction.Then introduces the theoretical foundation and practical significance of the elderly guardianship system reform,put forward its development in the world and generally accepted the idea of human rights theory mainly includes the new concept of disabled people;the reality significance mainly deal with the challenge of population aging,weakening family pension contradiction and the protection of the elderly the legitimate rights and interests.The third part of guardianship legislation in our country,present situation and existing problems.Guardianship legislation in our country at present is mainly manifested in the civil law and its judicial interpretation and "the protection of old people's rights,do to the objects and contents of guardianship provisions,in addition,the latest by the civil law general principles to make some changes to your custody.The current situation of legislation in China summed up the problem of guardianship in our country,there are mainly the concept of guardianship system,the scope of monitoring objects cannot meet the needs of the elderly care,care the type of design is not fully respect the wishes of the elderly,the guardianship supervisory mechanism cannot effectively safeguard the legitimate rights and interests of the elderly.The fourth part of the outside of the elderly guardianship of the legislative situation and its significance.In order to cope with the arrival of the aging society,the reform of foreign countries on their own guardianship system,this part of the extraterritorial legislation survey mainly wrote the German adult care system,see the Japanese system of adult American unity enduring power of attorney system lasting power of attorney and British law.Through the development trend of the two legal system countries' legislative reform,and put forward the reference value to our country.The fifth part has written the improvement of the elderly guardianship system in China.Combined with other parts of the article,analysis of China's elderly guardianship system needs to improve the content.The first step is to update the idea,respect the self-determination of the elderly,and combine family care with social retirement.Secondly,we should extend the type of object and guardianship system of the elderly guardianship,and make further improvement in the system of the guardianship of the general provisions of the civil law.Again to perfect the elderly guardianship of concrete system,such as in the choice of the guardian to distinguish with adults,according to the specific situation of old people in terms of level of hierarchical design,in custody Suggestions to cancel.The last is to establish and improve the guardianship supervisory mechanism,concrete manifestation for set up dedicated watchdog,to set up the guardianship supervisor,and provisions of guardian report regularly.Will further perfect guardianship system,to better protect the legitimate rights and interests of the elderly,reduce social disputes,the elderly have a happy old age.