Study On Intentional Care Of The Elderly In China Against The Background Of Aging Population

China is currently experiencing a rapid aging population,and the accompanying aging problem is becoming increasingly prominent.There is an urgent need to reform the elderly guardianship system,as it is difficult to meet the complex and ever-changing elderly care needs of the elderly population by relying solely on the traditional guardianship system.After continuous research and comprehensive changes,the Chinese legislation has finally established the voluntary adult guardianship system in the civil law,which fully guarantees the independent decision-making rights of senior citizens in the guardianship system,which is very important for the reform of the senior citizen guardianship mode.However,there are still some problems in the current legal regulations,which cannot meet the needs of practice and guarantee the later life of the elderly.Therefore,there is an urgent need to strengthen the improvement of the voluntary elderly guardianship system.Elderly voluntary guardianship is an important way for the guardianship system to comply with the requirements of the times and participate in the improvement of the comprehensive elderly care system.It not only respects the autonomy of the elderly and maintains their freedom and dignity in their later years,but also aligns with the rule of law concept of safeguarding basic human rights.Based on the analysis of the current legislation and typical cases of China’s elderly voluntary guardianship system,it can be seen that there are still certain problems in China’s elderly voluntary guardianship legislation and practice.Firstly,in terms of legislation on voluntary guardianship for the elderly,there are issues such as non-standard effective requirements for voluntary guardianship,unreasonable scope of subjects,and unclear division of rights and responsibilities.Secondly,in the judicial aspect of voluntary guardianship for the elderly,there are issues such as the rigidity of the process of determining the behavioral capacity of the elderly,conflicts in the application principles of voluntary guardianship,and unclear application order of voluntary guardianship.Once again,the supervision system for elderly voluntary guardianship is not perfect,such as insufficient refinement of the supervision subject and unclear supervision rights and responsibilities.Finally,there is a lack of comprehensive procedures for ensuring the guardianship of elderly individuals,such as non-standard notarization procedures and missing registration systems.Therefore,based on the above issues,this article believes that in terms of legislation,it is necessary to standardize the effective requirements of voluntary guardianship,optimize the setting standards of voluntary guardianship subjects,and clarify the rights and obligations of voluntary guardians.In the judicial field,the standard of willpower should be adopted for case review,the principle of minimum intervention should be played,and the priority application of voluntary guardianship should be guaranteed to ensure the effective implementation of the elderly’s voluntary guardianship system.At the same time,in order to comprehensively and effectively ensure the establishment of the voluntary guardianship system for the elderly,a dual-track supervision system combining the public and private sectors should also be established.Finally,it is necessary to pay attention to the role of procedural guarantees such as notarization and registration in the elderly custody system,and enhance its guidance and assistance in the operation of the system.In summary,in the context of an aging population,this article analyzes the problems faced by voluntary guardianship for the elderly in China,and proposes targeted suggestions for legislative and judicial practices encountered in the process of voluntary guardianship.It aims to clear the obstacles existing in legislation and justice of voluntary guardianship for the elderly,further protect their personal and property rights,and balance the rights and obligations between the parties involved,To provide a basis for improving China’s laws and regulations on voluntary guardianship in the future.