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Research On Legal Issues Of Elderly Willing Guardianship In China

Posted on:2021-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Q HanFull Text:PDF
GTID:2416330611991230Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the aging of China's population is becoming more and more serious,and the problem of support for the elderly is gradually emerging.It is not uncommon for the elderly to take care of their own diets without care,difficulty living,or even dying at home without anyone knowing.In modern society,people are under great social pressure,especially as the only child generation has entered middle age.They are old and young,and they are facing greater social pressures.Therefore,old-age care is no longer confined to families.It is a transfer to the society,and socialized retirement has become a helpless and inevitable choice.This means that people with no relatives will be responsible for the elderly's retirement.How to effectively protect the rights and interests of the elderly and enable them to live happily in their later years has become a common concern in our country.In 2013,China implemented the revised "Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly".The elders intended to be guarded for the first time in everyone's field of view,making the elders into guardianship.It has become a landmark breakthrough in China's legislation,and has also impacted other laws.However,by comparing with foreign laws and combining with the current situation of the elderly population and the level of social development in our country,we can see that there is some regret in the current intended guardianship.For example,the lack of guardian selection conditions,the unclear scope of guardian's rights and obligations,and the lack of a supervision system.Without these legal contents,the rights and interests of the elderly cannot be protected,and legal stability and social development will be affected.Everyone will enter the ranks of the elderly,and the elderly will become the largest applicators of adult intended monitoring.For this reason,I choose this topic as the research object,aiming at analysing the current situation of elderly care in China and related legal issues,and comparing and studying the relevant systems of common law countries and civil law countries in the United States,and drawing lessons from them.Experience and practice,combined with China's actual situation,put forward a legal concept to improve the intended guardianship of the elderly in China,so as to contribute to the construction of a harmonious society in China.
Keywords/Search Tags:The old, Intended guardianship, Capacity, Action capability, Supervision system
PDF Full Text Request
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