The Research Of The Elderly Guardianship System Of China

Now China is already in a deep stage of aging,from the sixth census data show that China as early as the end of 2010,at the age of 60 years or older reached 178 million.At present,this large population groups,the elderly 80 years of age or older has more than 20 million,and there are a lot of inconvenience disability,half-disabled elderly of about 33 million people in basic life.Accompanied by dramatic changes in society in transition occurs,the implementation of family planning policy for many years,so that the original has been mainly relatives pension endowment way China had to face urgent challenges.A large number of elderly people no care,and children are not around the phenomenon is also quite common that some children face heavy work to take care of the elderly appear to measure interest.Judicial practice involving elderly persons,property disputes stop,damage to the interests of older cases to occur.In order to effectively protect the legitimate rights and interests of the elderly,China should improve legislation to improve elderly care system.Our existing guardianship system does not involve the elderly care provisions,significantly behind in development and the needs of society.2013 China promulgated the "People's Republic of China elderly Protection Law",from a legal perspective on the rights of the elderly were systematically protect.However,the provisions of the Framework to fill the lack of specific implementation details,whether the rights of the guardian or guardian appointment,change and termination are blank,but does not provide for guardianship system monitoring approach.This makes the law difficult to achieve the desired effect in practical implementations.The above issues are important aspects of this paper is to explore.The article is divided into four parts:The first part of the method use the analysis system,first introduced the connotation of elderly care,and comparative analysis of the elderly care and other monitoring systems,summarizes domestic living conditions of the elderly now and the elderly deduced the necessity of a sound monitoring system.The second part of the analysis and evaluation of the existing system of elderly care and the presence of defects.First,the "Civil Law" and the "rights of the elderly Protection Law" the relevant provisions of the two laws in the analysis,pointed out that the existing legal guardianship system for the elderly did not make detailed operational requirements.The third part draw on advanced foreign legislative concept,the use of comparative analysis of civil law and common law countries main guardianship system were analyzed and compared,summed up the characteristics of the external abroad elderly guardianship legislation,in order to improve our system of elderly care provide some ideas.The fourth part proposes to improve and perfect the system of elderly care specific recommendations,but also the innovation of this paper.In the first part of the establishment of the elderly care system and the feasibility of necessity as a precondition to the second part of the domestic imperfect law,combined with the third part of the foreign-related systems for Reference,guardianship system should make our elderly follow the basic principles of law,our elderly guardianship system needs to establish a multi-level types of elderly care,elective perfect guardian,perfect guardian guardianship duties,improve guardianship oversight bodies and improve the monitoring program start and termination.As a step forward in the process of China Civil Code,the elderly care system will also gradually improved.I expect this article Suggestions for civil law in the elderly care system can contribute to the content of the proposed revision of existing laws and regulations to face an aging society,can make our real dignity of older persons,the elderly can effectively protect the legitimate rights and interests,promote the elderly development of the cause,the real promote the Chinese elderly,pension virtue.