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A Research On Our Elderly Guardianship System

Posted on:2012-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H JinFull Text:PDF
GTID:2166330332994969Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since our country has come into the ranks of successful ageing states, the aging degree is deepened day after day and the aging problem has been one of the most important problems which effects the development of our country's economic and social. In the background of social aging, the issues of elderly rights protection are becoming increasingly prominent. Then how to protect the elderly related rights and survival, pension by Civil guardianship system also become to a new in legal circles . The purpose of my paper is to explore and improve our country's existing older guardianship system by Investigating the advanced designs of the foreign older guardianship system meanwhile combining with actual situation in China .I expect the elderly rights can be further protected through our Civil guardianship system in the future.First I introduced the meaning of the elderly guardianship and the condition of the elderly care in our country. In This part I get the meaning of elderly guardianship on the base of explaning the words: guardianship and the old. Then detailed analysis the emergency in our realistic society for the elderly guardianship system on the base of defining the meaning of elderly guardianship and elderly. Through this part I want to show the practical significance to study the subject of the elderly guardianship system .Next ,I seriously review the shortage about the provisions of our Civil elderly guardianship system. I point out that our country civil old guardianship system exists monitoring objects too onefold,lack of sufficiently respecting the meaning of the persons who are customied,the narrow selection scope of guardian selection way fall behind,the lack of effective monitoring supervision mechanism etc. I hope to clearly the concrete problems existing in our elderly guardianship system ;Then I briefly introduces and comments the provisions about foreign adult guardianship system in the elderly guardianship. By introducing the reform and consummation of the adult guardianship system in the developed countries such as Japan, Germany, Britain,I want to explore, discover and summarize the advanced notion and system design of the elderly guardianship system in those developed countries so that we can perfect our elderly guardianship system in the future ; The fourth part , is about some building advices for our future elderly guardianship system design. In this part I put forward some specific measures and suggestions to perfect our elderly guardianship system .on the base of the organic combination of the second part and the third part. To achieve the purpose of better safeguarding the legitimate rights and interests of the elderly people in real life, I suggest to take some actions, for example: enlarging the protected objects in elderly guardianship system, refiningly sets the adjuvant,see and the auxiliary three monitoring mode in legal guardianship system,adding arbitrary guardianship system to fully respect the olds' wish,detailed regulations of elderly guardian duty of guardianship and building multidimensional guardianship suppervision mechanism.
Keywords/Search Tags:guardianship, elderly guardianship system, arbitrary guardianship, guardianship supervision
PDF Full Text Request
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