Research On The Guardianship System Of The Elderly

The guardianship system of the aged refers to the legal system of looking for guardians for the aged who have reached the age prescribed by law,and guardians supervise and protect the personal rights and property rights of the aged.The general principles of the civil law and the law on the protection of the rights and interests of the aged are respectively prescribed from the perspective of adult custody and elderly custody.First,the guardianship system level is single;second,the legal guardian's sequence is unreasonable;third,the qualification of guardian selection is unclear;fourth,the intentional guardianship system is not perfect;fifth,the lack of supervision system.As far as foreign legislative experience is concerned,Germany in continental law system abolished the prohibition of production and adopted the custody system.France also abolished the prohibition of and quasi-prohibition of production system,amended the relevant regulations on custody,increased the special judicial protection system,and developed the original guardianship and auxiliary system into a protective guardianship and property management system.The adult guardianship system in Japan adopts the three-level system of guardianship,guardianship and assistance.later,the registration system replaces the birth control and birth control declaration system.The main contents of legal guardianship and elective guardianship system of the aged in South Korea include guardian qualification and sequence,guardianship responsibility,guardianship supervision and guardianship termination.In the Anglo-American law system,the American adult guardianship system does not adopt the guardianship system similar to the continental law system,but adopts the sustainable delegating authority system with more respect for the will of the parties.Similar to the United States,the United Kingdom also adopts the agency system,but it is a permanent agency authority system developed by the sustainable agency authority system stipulated in the capacity of will act of 2007.There are many laws on the guardianship of the elderly in Israel,which are pioneering for the long-term community care system in Israel.Through the long-term community care act of the end of last century,the elderly citizens have been granted the right to community care.Drawing on the experience of various countries in the field of rule of law,we should improve the elderly care system in China from the following aspects:first,reform the legislative concept,fully respect the personal wishes of the elderly,and strengthen the state's role in the elderly care system.Second,we should improve the details of the intentional guardianship system from the aspects of establishment form,guardian qualification,guardian's rights,change and termination of guardianship and guardianship responsibilities.Third,we should improve the specific system of legal guardianship for the elderly from the aspects of setting up the guardian,the level of legal guardianship,and the cancellation of custody.Fourthly,it is necessary to establish a sound system of guardianship supervision,set up a special supervisory body,set up a guardianship supervisor mechanism and stipulate the guardian's obligation to report regularly.