| Population aging is both a global problem and a social problem faced by most countries.China has entered an aging society since the beginning of this century,and the age structure of the population has been transformed into an old age type.China's aging population has a large base.In recent years,the proportion of the elderly population in the total population has risen rapidly.China's aging population has many characteristics,such as large scale,fast development,significant aging,unbalanced development,and large fluctuation.Throughout the practice of developed countries in the world,the aging of the population occurs in countries where the per capita income reaches a higher level.However,China currently is facing aging problem even though does not reach a high level income,and this has put pressure on China's pension industry for economic development.The one-child family planning policy over the past 40 years has led to small-scale families in China,and it is still difficult for small-scale families to fully assume the responsibility and obligation of the elderly.The gap between urban and rural areas and regional development between East and West formed in the process of economic development of the country also affects the inequality of the protection of the rights of the elderly in China.Although in practice,it has developed a variety of forms of old-age pension model,which basically meets the survival rights of the elderly in China especially the basic old-age security rights of the rural elderly,there are still serious problems in the protection of the rights of the rural elderly,and the government still needs to guarantee it from the legal and policy level.The old people's pension rights must be guaranteed in both material and spiritual aspects from the legal system.In modern society,the former is easier to realize,we need more from the spirit of support to protect the rights of the elderly.Old age is the last period of life,and is a necessary stage in the process of life.The diversity of life is also reflected in the diversity of human rights needs.On the basis of guaranteeing the basic right to survival,the rights of older persons are also human rights for development.When examining the rights of the elderly from the perspective of human rights,the government mainly assumes positive obligations in safeguarding the rights of the elderly.The government has obligations and responsibilities in ethics,legislation,law enforcement and justice.In realizing the way,the government should guarantee the rights of the elderly from the aspects of law,system,policy and capital.In addition to the "Introduction" and "conclusion" part,the main content of this paper consists of five chapters.The first chapter discusses the main rights of the elderly in contemporary China.The right to health,medical treatment,property rights,and marriage liberty of the elderly are the main rights to be guaranteed by the elderly in China.The Constitution and Law guarantee human rights are applicable to the elderly,but the scope and depth of their social life are limited and affected.Therefore,the rights that related to and are concerned by the most of the elderly are required to be analyzed.The health of the elderly directly affects the quality of life of the elderly and their families.This paper analyzes the violations of the health rights of the elderly by homes and institutions,and safeguards the health rights of the elderly from the legal system.National laws and regulations ensure the medical rights of the elderly,and the sampling survey of the medical security situation of the elderly is turned out to be unbalanced between urban and rural area.Therefore,in order to ensure the medical rights of elderly,a further combination between medical treatment and maintenance is demanded.The State,society and family members are the main obligations of the old people's property rights.In addition,the old people also have the obligation to protect their property rights.The remarriage of the elderly is blocked or the phenomenon of unmarried cohabitation is more common.The right to freedom of marriage is almost a luxury for the elderly.Through practical cases,the demand for the freedom of marriage of the elderly should be dialysis,and the society,the State and the family should have the obligation of inaction.The second chapter is about the history and reality of protecting the rights of the elderly.From a historical point of view,the protection of the rights of the elderly has changed.Since human had entered the industrial society,the elderly have become vulnerable groups,requiring relief and assistance.This is the beginning of the social security system for the elderly.This chapter analyses the current situation of the elderly rights protection system in Britain,the United States,Japan,Germany and Singapore,and also analyses the old-age Right Guarantee in the Chinese traditional society and modern society.The third chapter is the theory of the rights of the elderly.The rights of the elderly are an important part of human rights and human rights that people should enjoy in the old age.The theoretical paradigm of natural law,utilitarian paradigm and Social Welfare paradigm prove the rights of the elderly.The rights of the elderly have changed in different countries and at different development stages.Through the case of the United States,it can be concluded that the change of the rights demand of the elderly in developed countries has led to the corresponding adjustment of their social welfare policies.The fourth chapter is the legal analysis of the protection of the rights and obligations of the elderly,including the interpretation and definition of State obligations,the way of State obligations,etc.The obligation subject of protecting the rights of the elderly is multifaceted and multilevel.In the period of social development and transformation,home-based pension is a social pension service system supported by infrastructure,community and institutions.Family,community,institution,State and so on are the compulsory subjects for the elderly to live an happy life for the elderly.As the subject of obligation,the State has the obligation to protect the rights of the elderly at the moral level,legislative level,administrative level and judicial level.The State obligation to protect the rights of the elderly is both theoretical and practical.The fifth chapter is about the countermeasures and suggestions for protecting the rights and obligations of the elderly in China.Relevant national institutions concerning the protection of the rights of the elderly are subject to multiple management and lack of corresponding regulatory mechanisms.Therefore,it should be unified from the functional coordination of national institutions.At present,the protection of the rights of the elderly in China is not only dominated by the Constitution and the Law of elderly rights protection,but also scattered in other departments.It is also required to establish the policies system of spiritual support of the elderly,optimizing the guardianship system of elderly.Against the background of the development of science and technology,we should guarantee the rights of the elderly,improve the policy support of China's smart pension,support social forces to participate in and develop products to help the elderly,and improve the life of the elderly. |
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